Home Law Sexual Battery vs Rape: What’s the Difference?

Sexual Battery vs Rape: What’s the Difference?

by Aishwarya Gaikwad
Sexual Battery vs Rape What's the Difference

According to RAINN, an sexual assault occurs every 73 seconds in America.

Take a moment to let that sink in. By the time you finish reading this introduction, an assault will take place.

This no doubt horrifying fact illustrates how important it can be to understand the world of sexual assault. That includes knowing the nuances of each crime.

Keep reading to learn how the legal system defines sexual battery vs rape, and find out how you or a loved one can take the first step toward finding justice.

Sexual Battery vs Rape: Understanding the Difference

Though the line between battery vs assault in the eyes of the law is relatively thin, it’s still a necessary distinction all the same. The first step toward understanding the crime is to know how they differ.

Below, you’ll find clear definitions and explanations of each crime.

Sexual Battery

Sexual battery is defined as the unwanted touching of someone’s body in a sexual manner. It’s important to note that, as pointed out by the legal definition, sexual battery can take place when a victim is fully-clothed.

Examples of sexual battery include groping, caressing, and physical violence toward a person’s intimate areas.

Rape

The biggest differentiation between sexual battery and rape is that rape involves direct penetration.

However, penetration doesn’t have to come from the perpetrator’s genitals. A person can be raped with an object, for example.

Moreover, it doesn’t matter how deep the unwanted penetration is. As long as the body is entered and the victim doesn’t consent, it’s considered rape.

Finding Justice and Healing

The aftermath of a sexual assault can be a whirlwind of trauma, leading to depression, extreme behaviors, and more. The most important thing is the safety of the injured party, in terms of both physical and mental health.

As you consider pursuing legal action, it may be helpful to seek counseling as well. Definitions of assault vs battery aside, both battery and rape can leave you feeling guilty or broken. Rest assured, you are cherished, strong, and courageous.

A mental health expert can help you unpack these feelings in a constructive manner that allows you to take the power back.

If you’re the victim of either sexual battery or rape, or if you know someone who was, you deserve justice in any and every way. Often, that means taking the offender to court.

Coming forward with the story of your trauma can be difficult, to say the least. That’s why you deserve to find a lawyer who will respect and understand that trauma you or your loved one has sustained and will fight tooth and nail for your case.

Still, a sexual battery lawyer may not cover rape cases, and vice versa, so it’s important to find the right fit based on the standing of your case.

Sexual Battery and Rape: What to Know

Though differentiating between sexual battery vs. rape can prove challenging, it’s important to remember that legally, they are two different crimes. In either instance, however, the court is here to make sure you get the justice that you deserve.

Whether you’re reading this article for yourself or a friend, please know that help is out there.

For more informative and helpful content, please be sure to check out the rest of our legal blog.

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