What Is Considered Sexual Assault in Louisiana?

What Is Considered Sexual Assault in Louisiana
  • Kevin Stockstill

Lots of people mix up the names of sex crimes in Louisiana. Many ask, “What is considered sexual assault in Louisiana?” Often, this offense is usually some form of sexual battery or rape. However, there are multiple forms of these offenses.

Your Experienced Sexual Assault Lawyer in Louisiana

Stockstill Defense Firm is experienced in many types of criminal defense charges. We have been practicing law in Louisiana for over 25 years. This has made us familiar with local courts and prosecutors, which can benefit your case.

Types of Sexual Assault

There are many forms of sexual assault, and all come with different penalties. The most common include:

Sexual battery

This involves touching someone in a sexual area without their consent. People under 15 cannot consent. There are other groups, like people over 65 and physically or mentally disabled people, that are protected by sexual battery laws.

Second-degree sexual battery

To add a second-degree designation to the original charge, there must be injuries from the assault. Someone who seriously hurts their victim while committing sexual battery faces worse charges.

Oral sexual battery

This is a different charge to address the touching of sexual parts with the mouth. It has similar penalties to second-degree sexual battery and is considered more severe than traditional sexual battery.

Misdemeanor sexual battery

Secondary sex organs, like a victim’s breasts or rear, are still protected by sexual battery laws, but offenses involving them result in fewer penalties. There’s a limit for these types of charges because they can only be a misdemeanor rather than a felony.

Rape

This charge has to do with direct sexual intercourse, as opposed to inappropriate touching. As such, the penalties are much worse. Louisiana sees 62.1 cases of rape per 100,000 people.

Some charges could come with other details that are difficult for a non-legal professional to understand. An attorney can review your charges to determine what you’re facing. Then, they can use the Louisiana sexual assault laws to build a defense on your behalf.

Why Hire a Sexual Assault Lawyer?

Sexual assault charges can leave a stain on your personal life. Even mild sentences can lead people to believe that you are untrustworthy. This is why a Louisiana sexual assault attorney is so important. An attorney might get your sexual assault charges dropped entirely. Even if this isn’t possible, they can still try to reduce them from a felony to a misdemeanor, which comes with fewer penalties. A sexual assault charge can lead to rumors about you, even if there is no proof that the assault happened. It’s essential to get a lawyer involved as soon as possible, as they can prevent the bulk of the sexual assault penalties. It’s easy for these cases to get out of control. A lawyer can keep the case as confidential as possible to prevent speculation before any facts are gathered. Speaking of facts, the prosecution must have them for you to be convicted. Some cases are based on rumors instead of definitive proof. An attorney can have an easier time proving your innocence than you can, based on their experience. A lawyer can use numerous different options to defend you against allegations. One of the most relevant for sexual abuse charges is the matter of consent. If there’s evidence that the victim actually consented to the action, then the charges might not hold up. Situations with dim lighting might lead to the wrong person getting accused. There are more accurate forms of identification, like DNA evidence, that can prove your innocence. Other forms of proof, like an alibi, can also improve your case. Even if there is evidence, it could have been acquired illegally. Law enforcement must follow very detailed procedures to gather evidence. If they do not, an attorney can push for the evidence to be unusable in the case. Ultimately, it’s on the prosecution to prove that you are guilty of a crime. If they can’t do this, then you should be acquitted. A lawyer can point out the issues with the prosecution’s evidence to reduce their credibility.

Why Choose Us?

Stockstill Defense Firm has over 1,000 successful cases, so we know how to win them for our clients. Every case that we work on teaches us something new. The knowledge we’ve gained over the years is put to good use for every client who comes to us.

FAQs

Q: What Is Considered Sexual Assault in Louisiana?

A: What is considered sexual assault in Louisiana is often confused with sexual battery. These charges involve forced touching, either by the perpetrator or the victim. The perpetrator can still be charged with sexual battery if they force the victim to touch them, even if they don’t touch the victim themselves.

A: The different types of sexual assault are:

  • General sexual battery
  • Misdemeanor sexual battery
  • Second-degree sexual battery
  • Oral sexual battery

Each charge is different and comes with different penalties. Some of these charges are felonies, while others are considered misdemeanors. An attorney can inform you of the details of your charges.

A: The difference between sexual assault and rape in Louisiana is the actions the perpetrator is being accused of committing. Sexual battery is generally associated with the simple touching of sexual areas. Rape is a step further because it involves actual sexual acts. These acts do not have to be vaginal in nature to be illegal.

A: Some sexual assault charges force you to register as a sex offender, but not all of them do. Misdemeanor charges do not usually have this requirement. However, a felony charge could. The details of the sex offender registry and who needs to register can be hard to decipher. An attorney can determine whether you need to register.

Protect Your Rights

Louisiana experiences 502 assault crimes per 100,000 people. While some of these lead to convictions, others are false allegations. For assistance with your sex crime case, schedule a consultation with Stockstill Defense Firm.

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