What constitutes sexual battery?

Asked almost 2 years ago - Wake Forest, NC

I was working on a friend of mines car one day when he was at work. His 17 year old daughter was home at the time and she was doing some housework. She said she needed help moving a dresser from one room to the other and if I could help. I said sure, considering I knew the family for years. So I went in and helped her move it. She tried to kiss me, I said NO, pushed her away and went to exit the house. As I got to the door her boyfriend showed up and he asked me "what are you doing" "Were you messing with my girl" I said no and went to walk past him he put me in a headlock. A fight came and I pushed him through a wall and he had to have 70 stitches put in his head. She called the police and said I tried to rape her and the magistrate charged me. What can I do?

Attorney answers (1)

  1. Dustin R. T. Sullivan

    Contributor Level 14

    2

    Lawyers agree

    Answered . You need to seek the services of a local experienced attorney quickly. The penalty for this crime is an A1 misdemeanor, which you face 150 days in prison. However, what makes this offense worse is, if convicted, you must register as a sex offender.
    To answer your question regarding the Sexual battery charge:
    (a) A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person:
    (1) By force and against the will of the other person; or
    (2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.

    This is a very serious crime. Be sure to contact an attorney as quickly as possible! I would recommend that you have one BEFORE your first appearance. You want to start fighting this charge from day one! Good luck!

    Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.

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