Tennessee Sexual Battery Lawyer
If you have been accused of sexual battery, you may be unaware of the gravity of such an offense. In Tennessee, sexual battery comes with harsh penalties, including incarceration, hefty fines, and registration on the sex offender registry.
With both your freedom and character at stake, it is important that you get representation that you can trust. When you hire our Tennessee sexual battery lawyer, you are hiring someone who knows how to defend against sexual battery charges.
Definition of Sexual Battery
Tennessee Code §39-13-505 defines sexual battery as unlawful sexual contact with the victim in addition to any of the following circumstances:
- Force or threat of violence to accomplish the act
- The sexual contact is accomplished without the victim’s consent, and the defendant knows or has reason to know at the time of the act that the victim does not consent
- The defendant knows or should know that the victim is mentally handicapped or physically disabled
- The sexual contact is accomplished through fraud
Penalties for Sexual Battery
Tennessee prosecutes sexual battery as a class E felony. A class E felony is the least serious felony offense under Tennessee law, with a prison term of one to six years and a potential fine of $3,000.
However, your punishment will not be over once your time is served. A sexual battery conviction requires that you register on the Tennessee Sex Offender Registry for a minimum of ten years. The registry is visible to the public, and you will be required to update your information if you move. Being a registered sex offender carries a stigma, which can only be alleviated once your listing is removed.
Defenses to a Sexual Battery Charge
Hiring an experienced sex crime lawyer will increase your chances of getting the charges against you dropped or striking a plea deal that is in your best favor.
Depending on your situation, the following defenses may be used:
Alibi
An alibi is known as a factual defense since there is factual evidence that the defendant could not have committed the crime in question. Proving that you were elsewhere during the sexual offense is an ironclad defense. The more evidence you can use to prove your whereabouts, the weaker the prosecution’s case will be.
The Victim Consented
To be found guilty of sexual battery, the victim must not have consented to the sexual touching. However, if the victim did consent to the sexual act, this would get the charges against you dropped. Any paper trail, including text messages, electronic messages, or letters that show the victim’s intention to get intimately involved, can help support this defense.
The Touching Was Not Sexual in Nature
Sexual battery involves unlawful sexual contact between the defendant and the victim. This can be more difficult to prove, but if you did not touch the victim’s intimate parts, then you cannot be charged for sexual battery.
Consult with our Tennessee Sexual Battery Defense Lawyer
A sexual battery charge is not something to take lightly, forever tarnishing your reputation. If you are facing such heinous allegations, our Tennessee sexual battery lawyer is here to defend your good name. Attorney Joshua T. Crain will take the time to understand the details of your case and to build the strongest defense. To arrange your one-time consultation, contact us online or by calling (615) 619-1783.