Oklahoma Sexual Battery Law and Defense

While sexual battery in many states is considered a misdemeanor offense, sexual battery in Oklahoma is a felony punishable by up to five years in prison.  Additionally, any person convicted of sexual battery in Oklahoma is required to register as a sex offender.

Sexual battery, unlike other types of Oklahoma sex crimes, often leaves no physical evidence.  Because of this, prosecuting and defending sexual battery cases can be complex.  For those charged with sexual battery, it is imperative to contact an experienced Oklahoma criminal defense attorney as soon as possible to begin crafting a strategy for successful defense against the charges.

Sexual battery is defined by Title 21, Section 1123 (b) of the Oklahoma Statutes:

"Sexual battery" shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner and without the consent of that person.

Physical contact for sexual gratification without the consent of the other person is a felony in Oklahoma.  Sexual battery includes the unwanted touching of the breasts, buttocks, or genitals.  The term “sexual battery” is so broad that it is often used by prosecutors to label any sexual act that falls short of rape. 

In order for a person to be convicted of sexual battery in Oklahoma, the prosecution must prove that the alleged sexual battery was:

1.            Intentional

2.            Sexual in nature (“lewd and lascivious”)

3.            Not consensual

A skilled Oklahoma sexual battery defense attorney will work to disprove the charges.  For example, if someone were to accidentally brush against another person, the act would be neither intentional nor lewd.   There are also instances of sexual battery accusations being lodged after a consensual encounter when the “victim” either regrets his or her actions or seeks revenge on the other party.

If you are charged with sexual battery in Oklahoma, it is imperative that you seek the counsel of an experienced criminal defense attorney who can outline the best options for your defense.   Based on a careful examination of your case, your lawyer may suggest negotiating a plea agreement to avoid the maximum sentence or may recommend taking the case to trial to aggressively defend your innocence.

Oklahoma criminal attorney