One of the most serious criminal charges that you can face in North Carolina are sex crimes. On top of that, just the charge of a sex crime could subject you to a lifetime of consequences. Those consequences not only affect your liberty but your reputation in the community, personal life, employment, registration on the sex offender registration statutes, and housing opportunities. However, not all sex crimes are the same and it can be extremely challenging without the help of a lawyer. If you are facing this charge or any related charges, it is imperative that you pick up the phone right now and call Jetton and Meredith for a free consultation. We have an entire criminal defense team filled with experienced attorneys that have represented and fought for hundreds of people charged with various sex crimes.
Sexual Battery (North Carolina General Statute 14.27.33)
In North Carolina, sexual battery is governed by North Carolina General Statute 14-27.33. In order for you to be found guilty of sexual battery, you must, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engage in sexual contact with another person. Additionally, that sexual contact must be by force and against the will of the other person or with a person who is mentally disabled, mentally incapacitated, or physically helpless AND you knew or reasonably should have known that the person is mentally disabled, mentally incapacitated, or physically helpless.
Elements
When breaking down the elements of sexual battery, a person is guilty of this offense:
- For the purpose of sexual arousal, sexual gratification, or sexual abuse;
- North Carolina courts have found that any of these can be inferred from the very act itself or in other words, the act that the defendant is charged with doing. There does not need to be a separate instance to prove the defendant’s purpose. The circumstances of every case are different and the court analyzes the factual circumstances that are presented.
- A person engages in sexual contact with another person either
- Sexual contact includes a number of different meanings including:
- Touching the sex organ, anus, breast, groin, or buttocks of another person
- Using/Touching your own sexual organ with another’s sexual organ, anus, breast, groin, or buttocks
- Ejaculating, urinating, or placing semen or feces on another person.
- Touching under this statute means:
- Physical contact with another person, whether directly, through the clothing of the person committing the offense, or through the clothing of the victim. Unlike other sex crimes, neither sexual act nor penetration is required.
a. By force and against the will of the other person or
- Force may be established either by actual, physical force or by constructive force in the form of fear, fright, or coercion. Constructive force is demonstration by proof of threats or other actions by the defendant which compel the victim’s submission to the sexual contact. When taking all the circumstances into consideration, the court could find that indirect threats could amount to a coercive and compulsive threats.
b. With a person who is mentally disabled, mentally incapacitated, or physically helpless and the person knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
- Mentally incapacitated refers to a victim due to any act is rendered substantially incapable of evaluating the nature of his or her conduct, or resisting the act of sexual contact.
- A victim is mentally disabled when an intellectual or a mental disorder temporarily or permanently renders the victim substantially incapable of evaluating the nature of his or her conduct or resisting the act of sexual contact, or of communicating unwillingness to submit the act of sexual contact.
- A victim is physically helpless when either the person is unconscious or is physically unable to resist an act of sexual contact or communicate unwillingness to submit to an act of sexual contact.
What is the difference between the sexual battery, sexual offense, and rape?
For the offense of rape to occur, vaginal intercourse means penetration of the female sexual organ by the male sexual organ. The slightest penetration is sufficient. A sexual offense occurs when it is a sexual act other than vaginal intercourse. Sexual acts include cunnilingus, analingus, fellatio, and anal intercourse but not vaginal intercourse. Cunnilingus means the stimulation by the tongue or lips of any part of the woman’s genitalia. Penetration is not required. Analingus means stimulation of a person’s anal opening by tongue or lips. Fellatio is any touching of the male sexual organ by the lips, tongue, or mouth of another person. Sexual battery involves sexual contact for the purposes of sexual arousal, sexual gratification, or sexual abuse as described in the Elements section above. Additionally, sexual battery is a misdemeanor and not a felony.
Punishment
Under North Carolina law, a violation of N.C. Gen. Stat. 14-27.22 (Sexual Battery) is a class A1 misdemeanor. Even though the length of a possible sentence by the judge is based on criminal history and other factors, the penalty for the crime ranges from 1 day to 150 days in prison and a fine.