Difference between sexual assault and sexual battery

Definition of Sexual Assault

The sexual assault is a criminal offense that is referred to the act of a person coercing, threatening, or physically forcing another person into engaging them in a sexual act without their complete consent. It is defined too as a non-consensual way of sexually touching or fondling another individual.

Sexual assault may include other sexual offenses like rape, groping, sexual abuse of a child or a minor, and torture of a person sexually.

Definition of Sexual Battery

Sexual Battery is defined as a criminal offense that may include the physical contact of the sexual parts, without the consent of the other person. This type of contact between two individuals may be considered as the act of creating fear or anxiety to the victim and is considered to be a common misdemeanor.

Sexual Battery could also be committed under the effect of any substance or under the influence of alcohol and drugs, and hence is now regulated by various decrees.

What is the difference between Sexual Assault and Sexual Battery under Virginia State Law

As per the State law of Virginia, sexual assault is inclusive of several criminal offenses that may include all sort of acts that might be presumed to be a sexual attack on another individual. These may include Forced sodomy, rape, and other acts like forcible engagement in anilingus, cunnilingus, fellatio, anal intercourse – against the individual’s will and consent, through force or via threatening and intimidation of the victim. The forceful act could be defined by the perimeters being either physical or mental, and under the age of 13.

On the contrary the Sexual battery is a form of sexual assault and is essentially a sub-portion of the Sexual assault. Sexual battery is an act which occurs when a person is sexually abused by other, by force, threat or intimidation that too with the sole intention of sexually molesting the victim, arouse them, or sexually gratify themselves. The sexual advances could be termed as the sexual battery when the act of sexual contact may cause serious physical or mental injury to the victim. The injury could be inflicted by the use of a weapon too.

Punishments for Sexual Assault

As the Sexual Assault is inclusive of rape, and sexual battery both, the punishments remain to be somewhat similar for the state of Virginia. These punishments may vary within the criminal offense category of the sexual assault, but would increase or decrease the time in prison depending on the severity of the criminal offense. A perfect example would be the rape, forcible sodomy, and sexual penetration of an object may all carry the life sentence as the maximum of the punishment for these crimes. On the other hand a case of aggravated sexual battery may lead to 20 years of prison time. Furthermore several of the criminal offenses are classified to be felonies. But some of the crimes like the sexual abuse of a minor who is between the age bracket of 13 and 15 is considered to be misdemeanor offenses.

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