Sexual Battery Trial Considerations

Sexual battery can be charged in any California domestic violence case that involves one intimate partner touching the other for purposes of sexual gratification or abuse. The term 'intimate partners' include couples of the opposite and same sex who are married, divorced, living together, have children together, or who are dating or formerly dating.

"Touching" in a California sexual battery case can include any physical contact - however slight - even if it occurs through the clothing of either of the partners. This offense can even be charged against an individual involved in an ongoing relationship. Depending on the circumstances, 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.

In an intimate partner abuse case, there are several evidentiary issues that frequently arise. Because the consequences of a domestic violence conviction are so severe, it is imperative that the defendant hires a criminal defense lawyer who keeps current with the latest applicable case law and cutting-edge trial strategies. The attorneys at the Kavinoky Law Firm have experience dealing with every aspect of a California domestic abuse case and receive on-going training to make sure that they maintain their reputation for excellence. They know the intricacies involved in all the evidentiary issues that may arise and how to successfully use each to their client's advantage.

The following are some of the issues that may arise in a sexual battery case:

• Battered Person's Syndrome (more commonly called battered women's syndrome) is a psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. Although it usually refers to a woman, battered person's syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship.
• Physical evidence can be a huge issue in a sexual battery case. Because this crime doesn't require that the victim actually suffer an injury, sexual battery can be charged with no physical proof of the touching. Photographs or medical records showing contact or revealing injury are therefore helpful to the prosecution if and when they exist. A skilled defense attorney knows the appropriate arguments to make to try to exclude such evidence.
• DNA evidence is playing a larger role than ever before in sexual battery cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted.
• Recanting victims are very common in domestic abuse cases. There are a number of reasons that a victim "recants" (takes back his or her story) during a trial. Because this is so common, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation.
• Eyewitness accounts can make or break a case. Either side can subpoena witnesses who were present during the charged incident. A skilled defense attorney will work with defense witnesses to make sure that they tell their version of the events in the light most favorable to the defendant. A good attorney also knows how to effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts.

The prosecution frequently tries to introduce hearsay and 911 calls into the record. Unlike most criminal cases, hearsay and 911 calls are sometimes allowed into evidence in domestic violence cases. This is another reason why it is so important to have an attorney who is experienced in California domestic abuse law, as he or she knows how to effectively argue against their admission.

Domestic violence law is technical and complex, which is why it is critical to hire an attorney who is qualified, skilled and experienced in this area. Contact the unparalleled attorneys at the Kavinoky Law Firm for a free consultation.