Sexual Battery Explained – Protect Your Rights

Sexual battery is a criminal charge within most jurisdictions across the United States and is most typically referred to in regards to the criminal legal system. It is not typically a phrase used by survivors or advocates. Although understanding sexual assaults and sexual battery may be useful to both. The general difference between sexual assault and sexual battery is that sexual assault is defined as any non-consensual sexual contact. While sexual battery is a specific type of sexual assault that involves the use of force or the threat of force. Sexual battery can include unwanted touching, force, kissing, groping, or rape, but the incident must involve force or the threat of force. And force can be defined in different ways, including if the perpetrator used their body weight to restrain the victim used or threatened to use a weapon of any kind drug to the victim to impair their ability to consent or to fight off the perpetrator or threaten to kill them, or a loved one.

If you believe you have experienced sexual battery, it’s important to know your rights and options. First, we recommend documenting everything you can remember about the incident. This can include who was involved, what happened, the time and dates, the location, and any available evidence including physical evidence or maybe even video footage. You may also want to visit a doctor or emergency room to receive care. This may include a sexual assault forensic exam, but does not necessarily have to. Seeking medical attention can also be for pregnancy or STD prevention and to create documentation of the incident, which can help in law enforcement investigations or filing a civil lawsuit against the individual or a third party. You have a right to file a report with law enforcement. We have a lot of content here at helping survivors discussing this process. As we understand it is a very personal decision for survivors to report to law enforcement for a variety of reasons. You may also have other legal rights and options and remedies depending on the circumstances surrounding the sexual battery incident, including filing a civil lawsuit. By reaching out to Helping Survivors. We can share information about your rights and options after experiencing any form of sexual violence, including putting you in touch with an experienced attorney to evaluate if filing a civil lawsuit makes sense for your experience. We’re here to help you take the next step in your healing journey.