What is sexual battery or assault?

Sexual battery in many states is different from rape. While rape involves forcible sexual penetration or intercourse, sexual battery does not. Legally, sexual battery is defined as a forced sexual contact with intimate parts that can occur when the victim is clothed or unclothed. To file a case of sexual battery, sexual penetration need not have occurred. Forcible kissing, grabbing, touching or fondling of intimate parts constitutes as sexual battery in some states. A charge of sexual battery can also be brought when a victim is forced to touch the defendant’s intimate parts.

In Australia, rape is included under sexual battery. According to the Australian statute on sexual battery, it must be shown that a penetration, either orally, anally or vaginally has occurred. A lack of consent also has to be proven by the prosecution if the victim is above the age of twelve.

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