Sexual battery and rape are among the most heinous sex offenses a person may commit in the eyes of the law. In Louisiana, the terminology regarding rape and sexual battery crimes recently changed. Those accused of inappropriate sexual conduct may be concerned about these changes and may have trouble distinguishing sexual battery from rape. If you face charges of a sex crime in Louisiana, it’s in your best interests to understand how these offenses differ in the acts themselves and the penalties you may endure for each one.
Sexual Battery: An Overview
Sexual battery is the intentional touching of a person’s private parts (including the anus and/or genitals) using any instrumentality or any of the offender’s body parts. A sexual battery may also take place when the offender forces the victim to touch his own private parts using any instrumentality or the victim’s body parts.
Oral sexual battery is the intentional touching of the victim’s privates by the offender using the mouth or tongue, and it may also take place when the offender forces the victim to use his or her mouth or tongue to touch the offender’s privates.
Second degree sexual battery takes place when the conduct which occurs in sexual battery ends up physically injuring the victim. The key distinction between a sexual battery and rape is that no penetration occurs in any sexual battery.
Penalties for Sexual Battery in Louisiana
Penalties for sexual and oral battery include up to 10 years of imprisonment with or without hard labor and no benefit of parole, probation, or the suspension of the sentence. Penalties for second-degree sexual battery include up to 15 years of imprisonment with or without hard labor and no benefit of parole, probation, or the suspension of the sentence. Enhanced penalties await those whose victims were under 13 or 65 or older, or whose victims were physically or mentally impaired at the time of the incident.
Rape: An Overview
In the most basic sense, rape occurs when a victim is forced to engage in sexual intercourse without consent. The terminology for specific rape offenses recently changed. What was previously “aggravated rape” is now called first-degree rape, “forcible rape” is now called second-degree rape, and “simple rape” is now called third-degree rape.
Penalties for rape vary widely based upon the details of the crime, yet all of them are felonies. First-degree rape is the most severe rape offense in Louisiana, as it involves vulnerable members of the population. Third-degree rape is the least severe rape offense and affects victims who cannot resist or understand the act because they are intoxicated or incapacitated, and female victims who submit to the act because they mistake offenders for their husbands.
Similarities between Sex Offenses
The main similarity between sexual battery and rape is that they take place without the other participant’s consent, making them a victim. Those who are underage may not legally consent and are therefore victims by default. Not knowing a person’s age is not a valid defense for committing a battery or rape.
Another similarity is that a conviction of either of the above crimes may require offenders to register as sex offenders. A person who has allegedly committed a sexual battery or rape in Louisiana must employ the services of a skilled criminal defense lawyer like Eric G. Johnson of The John D. & Eric G. Johnson Law Firm. Eric has over 20 years of experience defending sex crimes and will exhaust all available resources to defend you in court. Call 318-377-1555 for a free consultation.