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Does this count as Sexual Battery?

Tulsa, OK |

My friend was recently reported to the police for sexually touching a girl he was making out with. No charges have been filed yet, but they want to charge him with misdemeanor sexual battery for grabbing her breast without her consent.

My question is this: is the context irrelevant to a sexual battery charge? My friend and this girl were aggressively making out when he reached up and put his hand on her breast. She told him to stop and he did. The touching lasted only momentarily. Can't my friend claim that he reasonably believed that he had consent given the circumstances? Most people would think that aggressive kissing and petting reasonably imply consent to further sexual touching, and he stopped at the first sign of objection from her.

Attorney Answers 2

  1. Your friend needs to speak with an experienced criminal defense attorney in your area ASAP for advice on the matter. He should contact counsel NOW and not speak to the police without an attorney present.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  2. I can't imagine the prosecution filing charges based on the fact scenario you described. Consent can be implied. Still, you friend should NOT speak to the police. He should hire a lawyer and let his lawyer do the talking for him. Talking to the police without a lawyer is almost never a good decision. Tell him to get on and look for a lawyer in his area.

    Dustin Phillips answer to a legal question on Avvo does not establish an attorney-client relationship. Dustin Phillips offers everyone a free consultation to discuss their case. Feel free to call his office at (405) 514-1274 to make an appointment or visit his website at for more information about legal services and recent victories.

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