Sex crimes are among the most serious criminal charges. There are many specific crimes related to unwanted sexual contact, but two common terms used to describe these charges are sexual assault and sexual battery.
Unless you have an in-depth knowledge of the laws surrounding criminal sexual conduct, it’s easy to make the mistake of thinking these are two terms for the same crime.
However, while state laws may differ slightly in their definitions of each sex offense, sexual assault and sexual battery are different. Here’s a closer look at the difference between sexual battery and sexual assault.
Definition of Sexual Battery and Sexual Assault
Many people use the terms “sexual assault” and “sexual battery” interchangeably. While the terms refer to similar (and sometimes overlapping) crimes, the two crimes are not identical.
Sexual Assault
“Sexual assault” is an umbrella term used for many kinds of sexual crimes ranging from inappropriate touching to rape. Depending on the type of crime and the jurisdiction where it occurs, sexual assault can be a misdemeanor or a felony.
Sexual Battery
Sexual battery is a specific misdemeanor crime in North Carolina that falls under the sexual assault umbrella. It typically involves touching of the breasts, buttocks, anus, or genitals against a person’s consent. This kind of touching constitutes sexual battery regardless of whether the touching occurred over a victim’s clothing or not.
State Laws and Distinctions
The exact definitions of sexual assault and sexual battery vary slightly from state to state. Here’s a look at how North Carolina defines them.
Sexual Battery
In North Carolina, sexual battery happens when a person engages in sexual contact without the victim’s consent. The contact must be for the purposes of arousal, sexual gratification, or abuse of the victim. North Carolina defines “sexual contact” as any of the following:
- Touching someone’s groin, genitals, buttocks, anus, or breasts
- A perpetrator using their own groin, genitals, buttocks, anus, or breasts to touch a victim
- Ejaculating, emitting, or placing semen, urine, or feces on another person
A person can also be charged with sexual battery if they engage in sexual contact with someone who has a mental disability, is physically helpless, or is permanently or temporarily incapacitated. For example, sexually touching someone who is asleep or incapacitated due to alcohol or drugs would constitute sexual battery.
Sexual Assault
North Carolina does not have a crime specifically designated as “sexual assault.” However, any kind of sexual contact without the victim’s consent — including forcible sexual offenses, rape, and sexual battery — falls under the general sexual assault classification.
The Difference Between Sexual Battery and Sexual Assault
Here’s a more in-depth look at the difference between sexual battery and sexual assault.
The Nature of the Crime
A sexual battery incident involves touching the victim’s intimate parts without their consent. “Sexual assault” is an umbrella term for any unlawful sexual contact, including sexual battery, statutory rape, and forcible rape.
The Severity of the Crime
Sexual battery crimes are misdemeanors in North Carolina. Depending on the specific offense, a sexual assault may be a misdemeanor or a felony.
The Punishment
If you are convicted of sexual battery, you may be probation eligible, or you may be sentenced to up to 150 days in jail. However, many other kinds of sexual assault come with longer prison terms. For example, depending on your prior criminal history, a conviction for first-degree rape can result in a sentence of life in prison with no parole.
Registering as a Sex Offender
Both sexual battery and sexual assault are considered to be kinds of sexual violence. That means if you are convicted, you will almost always have to register as a sex offender. However, the length of time you are required to register depends on the severity of the crime.
North Carolina requires offenders to stay on the sex offender registry for 30 years to a lifetime, but you may be able to petition to have your time on the registry reduced.
Because sexual battery is a misdemeanor in North Carolina, you will likely have to spend less time on the list than you would for a felony sexual assault crime like forcible rape.
Penalties and Charges
Both sexual assault and sexual battery come with serious penalties. Here are some of the consequences you may face for each.
Sexual Battery
Sexual battery is a Class A1 misdemeanor offense. This is the most severe kind of misdemeanor in North Carolina, and it carries a sentence of up to 150 days in prison and a possible fine, along with mandatory sex offender registration. (The only exception to mandatory sex offender registration on a misdemeanor sexual battery conviction is if the court grants a “prayer for judgment continued” (PJC), which is extremely rare on this charge.)
Sexual Assault
The penalties for sexual assault vary depending on the exact kind of nonconsensual sexual contact. Here are some common charges and their penalties:
- First-Degree Forcible Rape: A Class B1 felony punishable by 144 months to life in prison with no parole
- Second-Degree Forcible Rape: A Class C felony punishable by 44 to 284 months in prison
- Statutory Rape of a Child by an Adult: A Class B1 felony punishable by 300 months in prison to life without parole
- First-Degree Forcible Sexual Offense: A Class B1 felony punishable by 144 months to life in prison with no parole
- Second-Degree Forcible Sexual Offense: A Class C felony punishable by 44 to 284 months in prison
North Carolina’s sentencing guidelines depend on both aggravating factors and your prior criminal history. For instance, a first-time offender who commits first-degree forcible rape may be sentenced to 144 months in prison, but someone with a long criminal history who commits an especially violent rape may be sentenced to life in prison depending on the defendant’s sentencing level.
Criminal Defense and Representation
If you’ve been charged with sexual battery or any other kind of sexual assault, the single most important thing you can do is to hire a defense attorney with experience in sexual assault cases.
Even if you think you will very likely be convicted, a skilled lawyer may be able to build a defense based on shortcomings in the evidence or other specific details that can be developed through a detailed analysis of the discovery and independent investigations directed by the defense.
These are some possible defenses to a charge of sexual battery or sexual assault.
The Victim Consented
In some cases, your attorney might be able to argue that the other person consented to sexual intercourse or other sexual contact.
The Touching Was Accidental
This defense won’t work for cases of rape or forcible sexual offenses. However, if you have been charged with sexual battery for very brief touching, your attorney may be able to craft a defense on the theory that the touching was not intentional.
The Touching Didn’t Happen/Fabrication
Your attorney may be able to develop a defense that the alleged victim has a reason to lie (bias defense), or in other cases may be legitimately mistaken about what occurred.
You Weren’t Aware the Victim Was Incapacitated
If you are being charged with a sexual offense because the other person was mentally disabled or under the influence of alcohol or drugs, your lawyer might be able to argue that you had no way of knowing about their disability or incapacity.
Have You Been Charged With Sexual Battery or Sexual Assault?
If you’ve been charged with sexual battery or any other kind of sexual assault, your career, freedom, finances, and reputation are all at stake. Even misdemeanor sex crimes have far-reaching consequences, and you owe it to yourself to seek the strongest criminal defense possible.
The Hiltzheimer Law Office team has defended those charged with sexual battery, sexual assault, and other crimes for more than 20 years. Unlike many firms, we exclusively focus on criminal defense.
Whether you’re facing a misdemeanor charge or a felony with the potential for life in prison, we understand that being charged with any crime comes with immense stress. We handle every case with both compassion and a commitment to fierce, customized legal representation.
If you’ve been charged with sexual crimes, there’s no way to guarantee that you’ll be acquitted. However, the right attorney can give you the best possible chances of a positive outcome. Contact us as soon as possible to set up a free consultation.
