Sexual Battery – how difficult is this to prove legally?? No unread replies. No replies.
C.O.6
In continuing our exploration of the specific legal elements of criminal charges, in this Discussion Forum we will take a look at the crime of Sexual Battery. (I do want to caution everyone that this is a very delicate topic as many individuals could have background or a family member that has been harmed by this egregious offense – please demonstrate compassion and grace to each other always, but especially within this Discussion Topic. Should you have been too personally touched by this crime to engage in this discussion topic, please do not hesitate to contact me personally and I will gladly make an alternative assignment for this for you.)
First, research your state’s ( again since the majority of us are in Florida that is where our discussion will focus – but it you are within another state, please use your state’s statutes – it will add another layer to our discussion and will benefit you more to become aware of your state’s legal requirements.) SEXUAL BATTERY ( ie – rape) laws. Outline the elements of the Sexual Battery charge.
How does your state define “consent” – and when does that become a significant factor when discussing this crime. Discuss the age of consent and the legislative intent with that consent requirement. ( In other words – what did the legislative branch INTEND by making a minimum age of consent requirement? Did they provide for other circumstances that may arise regarding consent for this statute – ie, victim incapacitation or intoxication, etc?) Why?
Next, take a look at the variation of Sexual Battery crime known as “statutory rape.” What is the difference in proof requirements ( ie – consent) between it and other types of Sexual Battery?
Finally, research the unique difficulties in investigating and/or prosecuting the crime of Sexual Battery. What are some of the hardships incurred in way of evidence or hardships for the victims that make this a particularly challenging crime to secure justice for?
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