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The Difference Between Sexual Assault and Sexual Battery

The state of Oklahoma routinely brings criminal charges against people for sexual battery and sexual assault. Although there is a great deal of overlap in the details of each crime and the punishments for each, sexual assault and sexual battery are charged differently under state law.

Sexual battery is a serious felony. The elements of the crime require proof of the following:

  • The accused touched a part or parts of someone else’s body.
  • The accused’s act of touching another person was intentional rather than accidental or inadvertent.
  • The touching was “lewd and lascivious” in nature. This is a common phrase in criminal law meaning the contact was of immoral sexual intent.
  • The victim was any person age 16 years and above. Oklahoma law provides special protection to victims of sexual battery under 16 years of age under a different criminal statute.
  • The touching was without consent. Some people are deemed incapable of giving consent based on age or infirmity/disability. Also, an adult of normal mental aptitude may be deemed unable to consent due to a temporary condition such as intoxication.

A conviction for sexual battery can result in the offender serving up to ten years in prison and being subjected to state supervision after being released, as well as registering as a sex offender. Affected convicts are required to provide information to the registry for life.

In the state of Oklahoma, sexual assault is generally defined as any sexual touching or behavior that is explicitly non-consensual. Most forms of sexual assault involve the perpetrator engaging in a sex act with the victim using either physical force or extreme coercion. These crimes include rape, sodomy, child molestation and child sexual abuse.

As sexual assaults can be particularly heinous, the punishments are severe. A first-degree rape conviction could result in a life sentence, and a person convicted of child molestation in Oklahoma can face up to 25 years in a state penitentiary. Those convicted of a sexual assault will also be subject to state supervision upon release and are required to register as a sex offender.

Lindsey Law Firm, P.C., located in Tulsa, Oklahoma, represents clients who have been accused of a sex related crime. Contact us online or call 918-587-0097 for an initial consultation.

Office Location
  • Tulsa Office
    1612 S Denver Ave.
    Tulsa, Oklahoma 74119
    Phone: 918-587-0097
    Fax: 918-587-3763
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