Baton Rouge Sexual Battery Lawyer
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Failing to receive consent for a sex act, even one that doesn’t involve penetration or skin-to-skin contact, could result in sexual battery allegations. If convicted, you could face serious, lifelong consequences. Luckily, a Baton Rouge sexual battery lawyer at the Law Offices of Ossie Brown can help you with your case.
Whether you’ve been arrested for sexual battery, accused of sexual assault, or are under investigation for other sexually motivated offenses, our team can help you understand your rights and fight the charges.
A sex crime conviction can lead to lengthy prison sentences and mandatory registration as a sexual offender, which can damage your reputation and limit housing and employment opportunities. Our Baton Rouge sex crime defense lawyers build strong defenses against false accusations by exposing problems such as inconsistent testimony from the alleged victim, lack of physical evidence, improper police procedures, and violations of your legal rights.
If you’ve been arrested or charged with a sexual crime in Baton Rouge, call 225-343-1111 or contact us online to schedule your free consultation today.
What is Sexual Battery in Louisiana?
Sexual battery involves the intentional touching of someone else’s anus or genitals without that person’s consent. It includes any forced or unwanted sexual contact, either directly or over clothes.
Types of Sexual Battery in Louisiana
There are several different types of sexual battery charges in Louisiana, and each one carries serious consequences. These crimes include misdemeanor sexual battery, second-degree sexual battery, and oral sexual battery.
No matter the charge you’re up against, it’s essential to understand what you’re being accused of and what’s at stake. If you’re facing false accusations of sexual battery, it’s important to contact a Baton Rouge criminal defense attorney right away to explore your legal options. At the Law Offices of Ossie Brown, we defend against all sexual battery crimes and work to protect your rights, regardless of the circumstances.
Sexual Battery
Sexual battery is the intentional touching of the anus or genitals of the victim by the offender. It also includes forced/coerced touching of the anus or genitals of the offender by the victim. This can happen using any instrument or body part, either directly or through clothing. According to La. R.S. § 14:43.1, a person commits the crime when any of the following occur:
- The offender acts without the consent of the victim.
- The victim is less than fifteen years old and is at least three years younger than the offender.
- The offender is at least seventeen years old and any of the following exist:
- The sexual act is without the consent of the victim, and they are unable to resist the act because they are physically incapable due to a disability.
- The victim is mentally incapable of understanding the nature of the act, and the offender knew or should have known of their incapacity.
- The act is without the consent of the victim, and the victim is sixty-five years of age or older.
It’s important to note that being unaware of the victim’s age cannot be used as a defense, and standard medical treatments or normal personal hygiene care are not considered sexual battery.
Additionally, sexual battery in Louisiana is similar to the charge of sexual assault in other states. However, Louisiana does not have a sexual assault statute. Crimes of “sexual assault” either fall under sexual battery, misdemeanor sexual battery, or oral sexual battery in Louisiana.
Increased Penalties for Sexual Battery
In some situations, someone could face additional punishments, such as a minimum sentence of 25 years without the benefit of probation, parole, or suspension of sentence. This can occur when the offender was over the age of 17 and the victim was:
- Disabled and did not give consent;
- Mentally incapacitated and incapable of giving consent;
- Over the age of 65 and did not give consent; or
- Under the age of 13.
Second-Degree Sexual Battery
Second-degree sexual battery (La. R.S. § 14:43.2) occurs when someone commits sexual battery with aggravating factors. This can include touching the victim without their consent and causing serious bodily injury during the act. This added element makes the sexual offense much more severe under Louisiana law.
Like with sexual battery, second-degree sexual battery in Louisiana is similar to the charge of aggravated sexual assault in other states. Crimes of “aggravated sexual assault” in Louisiana are charged under second-degree sexual battery or rape.
Misdemeanor Sexual Battery
According to La. R.S. § 14:43.1.1, misdemeanor sexual battery happens when the offender intentionally touches the victim’s breasts or buttocks without their consent. This includes touching done directly or through clothing, using any part of the body, or an object. It also applies if the victim is forced to touch the offender in the same way, and the victim did not give consent.
Oral Sexual Battery
Oral sexual battery (La. R.S. § 14:43.3) involves the same type of non-consensual sexual activity as sexual battery, but it specifically includes the use of the mouth or tongue. A person commits the crime when they intentionally touch another person’s anus or genitals with their mouth or tongue, or force the victim to do the same, and do so without the victim’s consent.
Sexual Battery Sentence Louisiana
In Louisiana, the penalties for sexual battery depend on the details of the case, such as the victim’s age, whether the victim was physically or mentally unable to consent, and whether bodily injury occurred. Here’s a breakdown of the penalties:
- Sexual battery: Up to 10 years in prison without the benefit of parole, probation, or suspension of sentence.
- Sexual battery of a child, elderly person, or disabled person: between 25 and 99 years in prison, 25 years to be served without the benefit of parole, and the required use of electronic monitoring equipment for life, following release.
- Oral sexual battery: Up to 10 years in prison without the benefit of parole, probation, or suspension of sentence.
- Oral sexual battery of a child, elderly person, or disabled person: between 25 and 99 years in prison, 25 years to be served without the benefit of parole, and lifetime electronic monitoring following release.
- Second-degree sexual battery: between 15 and 99 years at hard labor, with lifetime electronic monitoring following release.
- Misdemeanor sexual battery: Up to 6 months in jail, a fine up to $1,000, or both.
Sex Offender Registration for Sexual Battery
If you commit sexual battery, oral sexual battery, or second-degree sexual battery, the law requires you to register as a sex offender in Louisiana. According to Louisiana sex offender registration requirements, an individual will be added to the state sex offender registry if they are found guilty of any of the following sex crimes:
- First, second, or third-degree rape
- Sexual battery (excluding misdemeanor sexual battery)
- Second-degree sexual battery
- Oral sexual battery
- Felony carnal knowledge of a juvenile (also known as statutory rape)
- Sharing, possessing, or producing child pornography
- Sex trafficking
- Soliciting a prostitute
- Indecent exposure
- Knowingly transmitting an STD without informing a partner
- Indecent behavior with juveniles
- Aggravated kidnapping of a child under 13
The length of your mandatory registration will vary based on the Louisiana sex offender tier system. Depending on the type of sexual offense and your past criminal record, you may need to register for 10 years, 25 years, or for the rest of your natural life.
Being on the sex offender registry means having to report address changes, places of employment, and other personal information to local law enforcement. The law may also restrict you from living near schools, parks, or other areas where children are present.
Do I Need a Criminal Defense Attorney for a Sexual Battery Charge in Baton Rouge?
Yes, if you’re facing a sexual battery charge in Baton Rouge, it’s important to contact a criminal defense attorney as soon as possible. At the Law Offices of Ossie Brown, our priority is defending your freedom.
We know that individuals convicted of sexual battery crimes face lengthy prison sentences, mandatory sex offender registration, and other lasting consequences. That’s why our legal team works to challenge questionable evidence, address issues with witness statements, and identify any potential violations of your rights during the investigation. We take time to review the hidden details and explore every possible defense for your case.
How a Sex Crime Conviction Can Affect You
If prosecutors convict you of a sex crime, the charges can change your life in ways you might not expect. In addition to long prison sentences and lifetime electronic monitoring, the court may require you to register as a sex offender, which comes with strict rules and public visibility. This can make it challenging to find a job, secure housing, or attend school.
A conviction can also damage your personal relationships, reputation, and future opportunities. Simply being accused of sexual battery or another sex crime could cause damage to your reputation. That’s why it’s so important to take sex crime charges seriously and consult a Baton Rouge sexual battery lawyer immediately following your arrest.
Let a Sex Crime Defense Attorney at The Law Offices of Ossie Brown Defend You
If you’ve been accused of sexual battery or any sex crime in Baton Rouge, don’t wait to get the legal help you need. At the Law Offices of Ossie Brown, we have over 40 years of experience defending individuals facing serious criminal charges in the Baton Rouge area.
We have a deep understanding of Louisiana law and the criminal justice system, and can guide you through the process with confidence. Our team also understands what’s at stake and will work hard to ensure you receive the best possible outcome in your case.
With your future on the line, having the right legal support can make a major difference. Call us today at 225-343-1111 or reach out online to schedule your free consultation.
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