Physical Evidence in a Sexual Battery Case

Sexual battery is a California domestic violence offense that can be charged against an intimate partner. Under California law, individuals in almost any type of relationship can be considered intimate partners - heterosexual and homosexual couples who are married, divorced, living together, have children in common, are dating or formerly dating.

If a person touches an intimate part of his or her intimate partner against that person's will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery as a misdemeanor. "Touching" can be defined as any physical contact - however minor - whether it occurs directly or through the clothing of either partner. Even someone involved in an ongoing, intimate relationship can face a sexual battery charge in a California D.V. case.

When charged as a misdemeanor with no aggravating circumstances, sexual battery carries a maximum of a six-month jail sentence and a $2,000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

Because there is no requirement that there actually be any injury in a sexual battery case, physical evidence carries a lot of weight. Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like medical records) that helps prove or disprove a theory. Since many cases of intimate partner abuse have no witnesses, they are often cases of "he said, she said" unless there is some physical evidence of the abuse.

Common types of physical evidence in a sexual battery case include scratches, bruises, burns, cuts or scrapes, hair removal, bite marks, broken bones, ripped clothing and damage to personal property. When such evidence exists, particularly with respect to bodily injury, and can be verified by someone with experience in dealing with these types of injuries, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, a crafty attorney will try to either refute or downplay its significance. The skilled criminal defense lawyers from the Kavinoky Law Firm aggressively defend their clients and know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for all to see and hear.

Even when physical evidence is admitted into a sexual battery trial, a knowledgeable criminal defense attorney will make sure that it is carefully examined and, if possible, discredited. The attorneys at the Kavinoky Law Firm work closely with private investigators and expert witnesses to help cover all their bases. The private investigator will take photos of the scene as well as any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. The expert witness knows how to analyze injuries to determine if they really could have been caused in both the manner and timeframe alleged. The attorney then takes the information that he or she receives from the investigator and expert and carefully tailors the most effective defense strategy possible.

Facing a sexual battery charge is no joke. The consequences are severe and possibly even life altering. If facing this charge, it is critical to hire an attorney who is experienced in this complex and technical area of the law. The attorneys at the Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with compassion and respect. They are kept up-to-date on sexual battery evidentiary issues and cutting-edge trial strategies, which has led to their impeccable reputation.

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