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Prosecution must prove several elements in sexual battery cases

A sexual battery charge could throw your whole world into turmoil. First, there is the social stigma associated with being accused of physically violating another person. And then there are the legal costs and awkwardness inherent in having to defend yourself.

 

Under such stressful circumstances, many people would just as soon keep the issue off the radar and accept a plea bargain if at all possible. And in some circumstances, that could be the best option.

However, if you are coming under legal scrutiny for an alleged sexual assault, you should weigh all of your options prior to committing to a plea. And to do this, you need to understand how state law defines sexual batteryy. In California, sexual battery is comprised of the following elements:

  • The defendant made physical contact with the victim's intimate regions while the victim was placed under restraint, either by the defendant or someone else.
  • The victim did not issue consent for the touching to occur.
  • The defendant's intent of the unwanted touching was for purposes of sexual abuse, sexual gratification or sexual arousal.

In to get a conviction the prosecution must prove beyond a reasonable doubt that all of these elements existed as part of the incident in question. And this is why before you sign a confession, you should strongly consider telling your side of the story to an experienced criminal defense attorney.

An attorney can work on your behalf to secure eyewitness testimony, forensic evidence and other evidence to challenge the prosecution's case. The attorney can act on your behalf in an effort to help you avoid conviction, which can be key element protecting your reputation and future prospects.

 

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