Raleigh NC Sexual Battery Attorney
Sexual battery is a very serious, and yet often misunderstood, crime. In general, the crime of sexual battery may occur if an individual, for sexual pleasure, gratification, or abuse, engages in sexual contact with another individual. For sexual battery to be a crime, the sexual contact must have been by force or against the will of the other person, or if the person isn’t able to reject the sexual advances because he/she is mentally disabled, mentally incapacitated, or physically helpless.
It is important to note that sexual battery is a very serious crime with some long-term consequences, including the possibility of decades listed on the North Carolina sex offender registry. For this reason, if you’ve been arrested for sexual battery in North Carolina, then you need to contact a Raleigh NC sexual battery attorney as soon as possible. At the Law Office of Dewey P. Brinkley, we boast years of experience defending individuals charged with sexual crimes, and we have the resources to defend you too. For a free, no-obligation consultation with attorney Dewey Brinkley, call our Raleigh law office today at (919) 832-0307.
North Carolina Law for Sexual Battery
According to North Carolina G.S. § 14-27.33, “a person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person:
- By force and against the will of the other person; or
- Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.”
If convicted of sexual battery, the defendant may be looking at a Class A1 misdemeanor, which holds a potential penalty of 1 to 150 days of active, intermediate, or community punishment.
Difference Between Sexual Battery and Rape
Often, the terms “rape” and “sexual battery” are used interchangeably, as some states define sexual battery as “sexual intercourse, anal sex, or other sexual activity involving penetration without that person’s consent or against the person’s will.”
In North Carolina, however, sexual battery is defined as sexual touching conducted without consent or through fraud. As such, it is much different from rape in legal terms. Some examples of sexual battery in North Carolina could include:
- Touching the person’s buttocks
- Forcing a kiss on the mouth
- Forcing the victim to touch the offender’s body
- Grabbing a woman’s breasts.
For an act to be sexual battery, the alleged offender could have committed the sexual contact through use of physical force, threats, touching after the victim said “no,” or touching a person who does not have the ability to knowingly consent.
Sex Offender Registry
It is also important to note that the law isn’t so clear regarding the North Carolina sex offender registry. In some cases, the defendant could be looking at least 10 years, and maybe up to 30 years on the registry. Often, a sexual battery charge also involves some sort of supervised probation
Contact the Law Office of Dewey P. Brinkley Today
Regardless of the circumstances surrounding your arrest, you need an experienced and prominent criminal defense attorney on your side. At the Law Office of Dewey P. Brinkley, we’ve represented individuals who were wrongfully or falsely charged, and we’ve also represented individuals who were part of a misunderstanding. Using full knowledge of North Carolina laws, as well as leading defense strategies, we will fight for your freedom. For a free consultation with attorney Brinkley, call our Raleigh law office today at (919) 832-0307.