What is the Criminal Charge of Rape or Sexual Battery?
Most states or jurisdictions define rape and sexual battery as the same thing. The way it’s defined is that it’s the unlawful, nonconsensual intercourse with another person with either the force or use of threat. Most states will determine the different levels or degrees of sexual battery rape cases. For example, if the person is injured during the course of the rape or sexual battery, then the charge is a more serious felony charge. If a weapon is used, it makes it a more serious felony charge and also falls under the heading of date rape. So, under a situation that is nonconsensual sexual intercourse or sexual offensive touching, that falls under the heading of rape or sexual battery. The level of the criminal charge is based upon the seriousness meaning the use of force, injury, a weapon is used, or if intoxicants are used, meaning a person drugged the other person with alcohol or other substances such as GHB, that can also trigger in the crime of sexual battery. But remember, most states and jurisdictions will classify sexual battery based upon the use of force and injury down to the lower level which is without use of force; all under the heading of sexual intercourse or sexual battery which is nonconsensual equals the crime of rape or sexual battery.
The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in Clearwater, Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
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Kevin Hayslett, Esq.
J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.