Physical Evidence in a Sexual Battery Case

Sexual battery is a California domestic violence offense that can be charged against intimate partners. California defines intimate partners in domestic abuse cases very broadly - they may be straight or gay, married, divorced, cohabitating, have children together, or be currently or formerly dating.

Anyone who touches an intimate partner against that person's will for the purpose of sexual arousal, sexual gratification or sexual abuse can be charged with sexual battery. "Touching" can mean any type of physical contact, however slight, and can occur directly or through the clothing of either partner. This offense can be charged even against partners involved in an ongoing relationship. Sexual battery can be charged as a misdemeanor or a felony with penalties of up to one-year in jail or up to four years in prison and fines of up to $10,000.

Unfortunately, many partners are involved in mutually abusive relationships. This means that both partners are victims and abusers. In these troubling relationships, both partners will exert their power in a number of ways. One of the common ways that a partner will do this is by making a false allegation. An example of this is when the self-proclaimed "victim" accuses his or her partner of sexual battery when it didn't occur or accuses the partner of causing an injury that, in fact, wasn't his or her fault.

When this type of situation arises, DNA evidence plays a vital role. When faced with a sexual battery charge, it is important to hire an attorney who is experienced with all aspects of a California intimate partner abuse case, including the many types of evidentiary issues that often arise in connection with this crime. The skilled criminal defense lawyers at the Kavinoky Law Firm receive ongoing training in domestic violence trial strategies and evidentiary issues, such as DNA evidence, giving them a leg up on the competition. They have successfully defended countless individuals who faced sexual battery charges, protecting them from the devastating consequences that the charge carries.

In criminal courts throughout this country, DNA evidence is playing a larger role than ever before in helping to convict the guilty and to clear the falsely accused. DNA (deoxyribonucleic acid) evidence is particular to each individual and remains constant throughout one's life. Virtually every cell in the body contains DNA and it is the same in each cell, whether it is found in one's hair, saliva, blood, skin tissue or bone. This evidence is so powerful because, with the exception of identical twins, no two people share the same DNA.

This means that if DNA can be collected from a crime scene, it can either link the accused to the crime or exclude the accused from the crime. For example, in a sexual battery case, if an alleged abuser's DNA evidence, such as semen, saliva, blood or skin tissue, is found on the alleged victim's body or clothes, it will be easier to assess blame to the accused. However, if someone else's DNA is found on the alleged victim, it may be easier to clear the suspect and possibly look at bringing a criminal charge against the "victim" for filing a false police report.

DNA evidence is clearly here to stay. Having an attorney who is well versed with DNA evidence and the ways that it can be admitted into and excluded from evidence in a domestic abuse case is of the utmost importance, especially when facing the severe consequences inherent within a sexual battery conviction. The knowledgeable attorneys at the Kavinoky Law Firm have experience with this complex and technical area of the law and can outline an effective strategy during a free consultation. In addition, they have the necessary resources to help prepare the best possible defense strategy, which is specifically developed for each client.