The Difference Between Sexual Assault, Sexual Battery and Rape | Her Campus - sexual assault and battery


sexual assault and battery - Differences Between Assault, Battery, and Aggravated Assault | Nolo

Sexual battery can be defined as “An unwanted form of contact with an intimate part of the body that is made for purposes of sexual arousal, sexual gratification or sexual abuse. Sexual battery may occur whether the victim is clothed or not.” Intimidation, threats, and force are all different ways that sexual battery can occur. Like sexual assault, sexual battery also has a part in the Code of Virginia under . In some states, this crime is referred to as sexual battery and the terms “rape” and “sexual battery” are used interchangeably. In other states, however, sexual battery refers to a different crime that is sexual in nature but does not involve penetration and usually is a less serious offense. This crime often is defined as unwanted sexual touching of intimate body parts without consent or through fraud.Author: Lauren Baldwin, Contributing Author.

Sexual battery is a term that is used to refer to contact made with someone’s body that is both sexual in nature, and unwanted, or forced. The difference between sexual battery and rape or sexual assault is that the latter two behaviors involve the act of sexual penetration without the person’s consent. With sexual battery, all that matters is the non-consensual touching of another person’s sexual organs. Sexual assault, like the broader crime of assault, constitutes the threat of force. Battery, in contrast, is the actual contact between perpetrator and victim while assault is the threat of force to establish the intended contact.Author: Ken Lamance.

Historically, battery and assault were considered separate crimes, with battery requiring that the aggressor physically strike or offensively touch the victim. In that way, a battery was a “completed” assault.Author: Paul Bergman, UCLA Law School Professor. Sexual battery. A. An accused is guilty of sexual battery if he sexually abuses, as defined in § 18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation, or ruse, (ii) within a two-year period, more than one complaining witness or one complaining witness on more than one occasion intentionally and without the consent of the complaining witness, .

However, if the defendant was an employer and the victim was an employee of the defendant, the misdemeanor sexual battery shall be punishable by a fine not exceeding three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six . Florida state law currently classifies  rape  -- and offenses commonly referred to as " sexual assault " in many other states -- under the broader category of "sexual battery." So whether it is an act of rape, groping, or some other unwanted touching of a sexual nature,  the offense is charged as sexual battery.

Much confusion can come between the terms 'assault' and 'battery'. In everyday use the term assault may be used to describe a physical attack, which is indeed a battery. An assault is causing someone to apprehend that you will commit a battery. This issue is so prevalent that the crime of sexual assault would be better labelled a sexual battery. This confusion stems from the fact that both assault and battery .