Eyewitness Accounts in a Sexual Battery Case

Touching another person for the purposes of sexual arousal can lead to a charge of sexual battery in California domestic violence cases among intimate partners. California law defines intimate partners as individuals who are married, divorced, living together, have children together, or who are dating or formerly dating. They can be heterosexual or same-sex couples.

Any type of physical contact, however slight, can be considered touching, regardless of whether it occurs directly, through the clothing of the accused, or through the clothing of the accuser. This offense can be charged even against a partner involved in an ongoing relationship. The crime 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.

Because of the intimate nature of sexual battery, most offenses occur outside the presence of witnesses. As a result, many sexual battery cases are based on "he said, she said" allegations. Eyewitnesses, therefore, play a vital role in helping to prove or disprove an alleged victim's charge of abuse.

An eyewitness's job is to tell the judge and/or jury what he or she saw with no inherent bias. Easily said, rarely done. Eyewitnesses almost always have a bias either for or against one of the parties, depending on his or her relationship with each. As a result, the truth generally gets lost in translation.

Because both attorneys have an equal opportunity to examine a witness, witnesses essentially testify for both parties. A skilled criminal defense lawyer knows how to take an eyewitness who is presented by the prosecution and turn him or her into a witness who ultimately helps prove the defendant's version of the events. Similarly, a good defense attorney will invest time in preparing an eyewitness that he or she intends to "put on the stand" in order to try to make that witness as comfortable as possible with respect to answering questions from both lawyers.

Sexual battery cases are usually based on a highly charged, emotional incident that unfortunately took a turn for the worse. This means that even if there was an eyewitness to the account, that individual may not have witnessed all the events that led to the charged incident and may not have the accurate back-story on what took place before the charged incident. It is the attorney's job to make sure that this type of information gets relayed to the jury. The experienced attorneys at the Kavinoky Law Firm have successfully defended countless individuals who faced sexual battery charges. They are familiar with all aspects of California's intimate partner abuse laws and know how to skillfully examine witnesses in ways that are beneficial to their clients. In conjunction with their private investigators, the attorneys not only interview all witnesses but also check each witness' criminal history to uncover any past conduct that could be considered relevant in weighing that witness' credibility. A knowledgeable attorney will effectively cross-examine witnesses in a sexual battery case to bring out and highlight discrepancies in their accounts that may otherwise be overlooked.

An eyewitness could potentially be the kiss of death to a defendant facing a domestic abuse charge. When facing a sexual battery charge (especially when there was an eyewitness), it becomes even more critical for the accused to hire an attorney who is competent and experienced in handling witness preparation and who excels in cross-examination. The attorneys at the Kavinoky Law Firm know how to handle different witnesses under a variety of circumstances. Keeping the jury in mind, they know when it is appropriate to examine a witness with care and compassion and they know when it is appropriate to "take the gloves off" to aggressively attack. They are in it to win! Don't hesitate to contact them today.