Sexual Assault vs. Sexual Abuse vs. Sexual Battery

The precise distinctions between sexual assault, sexual abuse and sexual battery are essential knowledge when you’ve been accused of a sex offense. Being convicted of sexual abuse or sexual assault can be the difference between six years in prison and a life sentence.

The parameters, jurisdiction and punishments of each charge vary. By understanding the specifics, you can strengthen your defense case.

Sexual Assault

This is the term you’ve probably heard of the most. Sexual assault refers to rape or the illegal act of forcing unwanted sexual contact without the other individual’s consent, such as non-consensual touching. It’s a crime that involves severe punishment where the convicted individual isn’t eligible for early release. 

There are varying degrees of sexual assault. Sexual assault in the first degree is a Class 2 felony consisting of sexual penetration or intercourse without consent, often accompanied by force, threats or the utilization of a deadly weapon. A Class 2 felony has lengthy sentencing times, including:

• First offense: 5.25 to 14 years
• Prior felony offense unrelated to sexual assault: seven to 21 years, usually 10.5 years in prison
• Two or more prior sexual assault charges: 14 to 28 years, usually 15.75 years in prison
• If there was an intentional infliction of bodily harm: 25 years to life

If the offense is committed after the victim ingested a dangerous drug , three years will be added to the individual’s sentence.

If the victim is younger than 15, the penalties become significantly more extreme:

• First offense: 13 to 27 years, usually 20 years
• Prior felony offense: 23 to 37 years, usually 30 years
• If the victim is younger than 12: 35 years to life, or 13 to 27 years with a presumptive 20 years in prison.

Regardless of the victim’s age, if you are convicted of rape, you will be permanently added to Arizona’s sex offender registry. Once registered, you may be barred by penalty of the law from interacting with anyone under 18 if the victim was a minor – including your children. If you want to regain contact with your children, you would need to pass testing and gain your probation officer’s approval. Failing to comply with sex offender registration laws can have severe legal consequences.

Sexual Abuse

Sexual abuse encompasses non-consensual sexual contact, including touching, fondling or groping of intimate body parts. While still a substantial charge that will result in an individual being registered to Arizona’s sex offender registry if convicted, sexual abuse has more lenient penalties than sexual assault.

The offense is a Class 5 felony if the victim is over 15 and a Class 3 felony if the victim is under 15. Unlike sexual assault, which usually employs physical force or threats, sexual abuse may involve manipulation and coercion. The offense includes child molestation, incest or engaging sexually with someone incapable of giving consent.

Molestation has a broader definition than sexual assault, consisting of any unwanted sexual contact with a minor. However, both are Class 2 felonies, meaning a first-time offender can face up to 2-4 years in prison.

Sexual Battery

Sexual battery falls under the umbrella term of sexual assault, although with a slightly different meaning. In some states, sexual battery may be defined more narrowly to include only unwanted sexual touching. In these places, sexual battery might be considered a type of sexual assault. In other jurisdictions, sexual battery may refer to more serious or specific offenses involving the use of force to commit sexual abuse or assault, making it more serious.

Arizona law doesn’t use the term sexual battery in the state’s criminal code and instead relies on sexual assault or sexual abuse.

Sexual Assault Lawyer in Phoenix, AZ

Facing a rape charge can be a brutal uphill battle. The Law Office of Michael Alarid III can give you the defense you deserve and will fight to protect you and your rights against the prosecution.

With a record of successful verdicts, you can trust Arizona Board-Certified Criminal Defense Attorney Michael Alarid to work hard to obtain the ideal outcome for your case. To learn more, call us at (602) 818-3110 or schedule a consultation to review your case with a skilled professional.