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.