Law Offices of Christie A. Leary P.C.

Fairfax/Manassas Criminal & Personal Injury Blog

Facing any allegations of sex crimes in Virginia can be intimidating and worrisome. The simple matter of being accused can cause damage to one's reputation. In the event there is a conviction, it can result in long-term issues, financial costs, incarceration and other problems. There are different categories to sex crimes that have to be understood. These charges have different criteria. One specific type of charge is sexual battery.

For sexual battery to occur, there must be acts of sexual abuse committed against the will of the victim using threats, force, intimidation or via ruse. Sexual battery can take place if more than one witness makes a complaint or one witness makes a complaint that the abuse occurred more than once without the victim's consent within a two-year time frame. If the victim is an inmate who has been incarcerated or convicted and sentenced to incarceration and the person is employed at the correctional facility or is in a position of power over the inmate or is a volunteer, it can be construed as sexual battery.

If a person is on parole, probation or is a pretrial defendant or a post-trial offender, and the individual is under the jurisdiction of the Department of Corrections, is overseen by a probation service of the community, is on a work program or some other program and the accused is in a position of authority over the victim, it is considered sexual battery. The crime of sexual battery is a Class 1 misdemeanor.

When it comes to sexual battery, the criteria for it can be somewhat confusing. Those who are confronted with a sexual assault charge of any kind need to understand its details and potential penalties, in order to protect their rights.

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