Oklahoma law defines a number of sex crimes. Nonconsensual sexual intercourse or penetration is charged as rape or rape by instrumentation. Apparently consensual sex with someone who is legally unable to give consent is statutory rape. Child molestation is usually charged as lewd acts with a minor under 16 or child sexual abuse.
But what about the sexual assault of an adult or teen aged 16 or older? Obviously, no one ever hears the term “adult molester,” but state law does prohibit sexual contact with anyone who does not consent to such contact. This offense is charged as sexual battery.
Sexual battery is frequently misunderstood, and while one person may feel his or her actions were flirtatious, friendly, and good natured, the recipient of a slap, pat, pinch, or hug may feel as if he or she has been victimized. Sexual battery is a felony, and the consequences of conviction are steep.
If you have been accused of sexually assaulting a stranger, acquaintance, friend, or co-worker, you need experienced legal representation at once. You have been accused of a sex offense that carries lifetime sex offender registration among its associated penalties. Let Law Firm of Oklahoma craft a defense that works to protect you from overzealous prosecution and unnecessary conviction.
State law defines sexual battery in 21 O.S. § 1123 (B) as "the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner” without the consent of that person.
Under some conditions, a person may be willing to consent to sexual contact, but may not legally have the power to do so. These conditions include the following:
2. When committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state; or
3. When committed upon a person who is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or in the legal custody or supervision of any public or private elementary or secondary school, or technology center school, by a person who is eighteen (18) years of age or older and is an employee of the same school system that the victim attends.
If physical sexual activity occurs without legal consent, the employee, supervisor, or custodian of the person who is prohibited from providing legal consent may be charged with sexual battery.
Sexual battery strictly pertains to nonconsensual sexual contact with a person aged 16 or older. When such an offense is committed against a minor, it is charged as Lewd Acts to a Child Under 16.
Sexual battery is a felony. A conviction brings a maximum sentence of 10 years in prison. Upon release from prison, anyone convicted of sexual battery must register as a sex offender.
Oklahoma categorizes sex offenders according to an offense-based risk-level assessment. Level 1 sex offenses mandate sex offender registration for 15 years, Level 2 for 25 years, and Level 3 for life.
Sexual battery is a level 3 sex offense. A quick grope in a dark bar is classified along with rape, child sexual abuse, and habitual sex offenders.
Learn more about Oklahoma sex offender registration.
Sexual battery is easily charged, often with no other evidence than an alleged victim’s accusation. However, a prosecutor must prove that the alleged act was (1) intentional, (2) physical, (3) sexual, and (4) nonconsensual.
Accidental contact that is not lewd or purposeful is not sexual battery. Neither is horseplay if it lacks sexual intent. There are a number of defense strategies which are proven effective in sexual battery cases, and a criminal charge does not have to end in conviction. In many cases, a skillful defense lawyer can successfully obtain dismissal of unfounded charges or charges based on flimsy evidence.
To find out how we can help you, call (405) 608-4990. Do not let this situation get any further out of hand. Call today.