If a person accused you of sexual battery and you now face sexual battery charges, know that the state cannot establish your guilt without first establishing the existence of certain elements. How many elements the state must prove and what those elements entail depend on the nature of the relationship between you and the alleged victim and the alleged victim’s age.
The Oklahoma Court of Criminal Appeals explores the various elements of sexual battery in various situations. It also stresses that, to convict you, the prosecution must prove each element beyond a reasonable doubt.
General sexual battery
If you do not work for the state, and if the alleged victim is 16 years of age or older and not your foster child, the courts must only establish the existence of six elements. Those elements are as follows:
- First, you intentionally;
- Second, touched, mauled or felt;
- Third, in a lewd and lustful manner;
- Fourth, the private/body parts;
- Fifth, of an individual who is at least 16 years of age;
- And sixth, without his or her consent.
Sexual battery by a government employee, school employee or foster parent
The elements the prosecution must prove vary slightly for individuals in certain positions of power. For instance, if you are an employee, contractor or employee of a contractor of a government entity, the state must establish elements two through six, plus an additional element. The seventh element, in such a case, is that the alleged victim was under the legal supervision, custody or authority of the government agency.
If you are an employee of the victim’s school and older than 18, the state must establish elements two through six plus two others. The seventh element is that the victim is older than 16 but younger than 20. The eighth is that the alleged victim is either a student or under the legal supervision or custody of the school.
If you are a foster parent or foster parent applicant and the alleged victim is a foster child, the state must establish elements two through six plus a seventh element. The seventh element is that the alleged victim is a legal custodian of a federal or state agency or a tribal court.
Regardless of the alleged victim’s age or your position, sexual battery charges are serious. They warrant an aggressive defense by a reputable attorney.