Conditions that make Sexual Battery Punishable with Life Imprisonment

Sex crimes, such as child molestation or indecency with a child, sexual assault of a child, solicitation of a minor, Internet sex crime, possession and distribution of child pornography, rape, rape of a child or statutory rape, sexual battery and aggravated sexual assault, are all very serious offenses.

Sexual battery, particularly, refers to any form of unwanted or non-consensual sexual contact or touching that does not involve sexual intercourse or penetration. This type of sex crime can be committed by one person to someone who may be his/her relative, dating partner, classmate, neighbor, friend, acquaintance, co-worker, or spouse.

Rather than an act resulting from or motivated by sexual desire, sexual battery is, instead, an aggressive attack and a violent crime that is committed with the intent of humiliating, controlling and hurting a victim through sex, which is used as a means or weapon. In some states, sexual battery that is committed by a person who is over 17 years old on a victim under the age of 12, with the victim sustaining injuries to the sexual organ as a result of the assault, then the crime is considered a capital felony, and the sentence can be life imprisonment or death.

It is punished with life imprisonment if these conditions are met:

The offender’s age is 17 or below, while the victim’s age is below 12;
The victim suffers injuries to the sexual organ;
The victim’s age is 12 or higher, but physical force, which caused serious injury, was used to consummate the crime; or,
The crime was committed through threats of using a deadly weapon or through the actual use of a deadly weapon.

It is explained in the website of the Nashville sexual offense lawyers at Horst Law that sexual battery can be elevated to an aggravated form if it is alleged that the defendant committed the offense while using a weapon as a means of force or coercion, caused bodily harm, had help from another person, or if the victim is less than 13 years old. Aggravated sexual battery is prosecuted as a Class B felony, and it carries a mandatory minimum sentence of eight years in prison. In order for the base offense to be elevated to its aggravated form when another person is present, it will also be necessary to prove that the offender either should have been aware that the victim was not capable of providing consent or that force/coercion was used.


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