Sexual Battery Charges
What is sexual battery?Sexual battery is a non-consensual act of the touching of intimate parts of an individual by another person. In some states like Florida, sexual battery specifically means oral, anal, or vaginal penetration by a sexual organ of another person. It can also mean the anal or vaginal penetration by another person with an object other than a sexual organ. Individuals facing situations or circumstances involving sexual battery charges have been confused on the different aspects that surround sexual battery. Uncertainties on what sexual battery is or how to get a sexual battery conviction expunged from a record often lead to questions like the ones answered below by Experts.
Who can file sexual battery charges on an individual if the person to whom the sexual battery occurred is a minor?There are different factors that come into play on who can file charges or charge someone with sexual battery. Anyone can file charges with the local police. Sexual battery criminal charges are filed via the county prosecutor. The minor’s parents or legal guardian can file a civil suit against the individual for civil damages.
In Florida, can an alleged defendant win a sexual battery case based on hearsay evidence from a 4 year old even if there was no physical evidence of tampering at all found?Under Florida Crimes Statute 794.011(h) Sexual battery means oral, anal, or vaginal penetration by the sexual organ of another or anal or vaginal penetration of another by any other object. Given that statute if there was no evidence of sexual battery the hearsay evidence from a 4 year old will generally be considered unreliable and insufficient to convict someone of sexual battery.
I was 17 years old and charged with sexual battery 97-3-95. How can I clean my record of a sexual battery conviction?That would depend on if the sexual battery was a misdemeanor conviction then you can have it expunged from your record. If the sexual battery was a felony conviction then you cannot have the conviction expunged or sealed from your record. For felony sexual battery convictions the only way to have it removed from your record would be to have it pardoned by the governor.
I plead Nolo Contendre to a sexual battery case 24 years ago. Can a sexual battery conviction be challenged?If you plead Nolo Contendre you in essence plead guilty. There would be slim to no grounds to challenge the conviction when you plead guilty. You can hire a lawyer and ask to have the conviction changed. It will help your case if there are any issues that may have arisen since the plea.
Having the right kind of information and understanding of sexual battery charges can help when faced with situations that involve sexual battery. Experts can help answer questions pertaining to the process of getting a sexual battery charge expunged from a record or what sexual battery is. Get the answers fast and affordably by asking and Expert.