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If you have experienced sexual violence, you feel confused and afraid about what has happened to you. You might have been the victim of sexual assault, sexual battery, or something else. While related offenses, sexual assault and sexual battery have key differences that impact victims’ rights and legal options. Understanding the differences between these terms can help victims and their families navigate their legal process and pursue justice.
Many survivors may not know the difference between sexual assault and sexual battery, and there is some overlap between the two. Sexual assault involves any unwanted sexual contact or activity, including non-physical acts like threats, intimidation, or stalking. Sexual battery, however, involves non-consensual physical acts only, such as unwanted touching, kissing, or groping.
What Is Sexual Assault?
Sexual assault covers a broad spectrum of non-consensual acts, both physical and non-physical. It can include verbal threats, intimidation, coercion, attempted assaults, and rape. Sexual assault causes both physical and psychological harm to victims.
What is Sexual Battery?
Sexual battery is a form of sexual assault that involves physical contact without the victim’s consent, such as groping, fondling, and forced kissing. However, sexual battery does not necessarily involve penetration or intercourse, and even without penetration, sexual battery can cause victims to experience significant emotional trauma.
Key Differences: Sexual Battery vs. Sexual Assault
The main difference between sexual assault and sexual battery lies in the nature of the unwanted sexual conduct. While sexual assault generally applies to any unwanted or non-consensual physical contact, sexual battery specifically requires an act of physical contact without the victim’s consent.
Additionally, sexual assault typically includes penetration and intercourse, while sexual battery does not necessarily involve either. However, both crimes may result in severe physical and psychological harm to the victim and should be taken seriously. It’s important to understand that these two types of crimes are separate offenses under criminal law and can have different penalties depending on their severity.
In many states, sexual battery and sexual assault are separate criminal offenses with distinct elements that must be proven and with different penalties for convictions.
| Sexual Assault | Sexual Battery |
Physical Contact | May or may not involve physical contact | Always involves physical contact |
Penetration | Often includes penetration | Does not necessarily include penetration |
Scope | Broader scope, encompassing verbal threats, coercion, and other non-physical acts | Specifically addresses physical acts of unwanted touching or sexual contact |
Sexual Assault
Physical Contact
May or may not involve physical contact
Penetration
Often includes penetration
Scope
Broader scope, encompassing verbal threats, coercion, and other non-physical acts
Sexual Battery
Physical Contact
Always involves physical contact
Penetration
Does not necessarily include penetration
Scope
Specifically addresses physical acts of unwanted touching or sexual contact
What Damages Can Be Recovered in Sexual Assault and Sexual Battery Lawsuits?
The main goal of a sexual assault or battery lawsuit is the recovery of compensation for the resulting damages. Victims are entitled to compensation for physical and emotional pain, suffering, medical costs, and other losses related to the abuse. Victims can pursue the recovery of both economic and non-economic damages, with the amounts depending on the type and severity of sexual violence and the extent of the resulting harm.
Economic damages compensate victims for financial losses, while non-economic damages cover non-quantifiable impacts on the victim’s life. In some cases, punitive damages may also be available if the conduct was intentional, malicious, or grossly negligent. Incidental costs, such as attorneys’ fees, court costs, and investigation expenses, may also be recovered.
Economic Damages
- Medical bills
- Counseling
- Lost wages
- Childcare
- Transportation to therapy or court
Non-Economic Damages
- Emotional distress
- Post-traumatic stress disorder
- Pain and suffering
- Loss of enjoyment of life
- Relationship impacts
Punitive Damages
- Awarded for intentional or grossly negligent acts, such as employer cover-ups.
- Not every state allows punitive damages in sexual assault or battery cases. For example, Pennsylvania does, but New Jersey does not.
What Should You Do Immediately After a Sexual Assault or Battery?
If you have been the victim of sexual assault, it is vital to seek medical attention immediately. Sexual assault can cause physical and emotional trauma, so seeking immediate care from a qualified health care professional is critical. It is also essential to report the assault to law enforcement as soon as possible so that an investigation can be conducted and evidence can be collected for use in your legal case.
It may also be a good idea to speak with an experienced sexual abuse attorney. A lawyer can explain your rights as a survivor and advise you on how best to proceed with a civil lawsuit against the perpetrator or any other parties involved. Taking swift action, both medically and legally, is crucial for personal healing and protection. In addition, prompt action will ensure you preserve critical evidence and allow you to build the strongest claim.
After experiencing sexual assault or sexual battery, take the following steps to protect yourself and your rights:
- Seek immediate medical attention.
- Report the incident to law enforcement.
- Document any evidence if it’s possible to do so safely.
- Contact a skilled sexual abuse attorney,
How Andreozzi + Foote Fights for Survivors
Knowing your legal rights after enduring sexual assault or battery is crucial to ensure your own safety and protect your ability to take legal action against the perpetrator. As one of the nation’s leading law firms representing survivors of all types of sexual abuse, Andreozzi + Foote is led by seasoned trauma-informed attorneys who are committed to creating life-changing results for victims and their families.
At Andreozzi + Foote, we have extensive experience advocating for survivors of sexual abuse across the country. Our attorneys are dedicated to helping survivors pursue justice and accountability, handling every case with compassion and professionalism. We strive to create a safe and supportive environment for our clients to tell their stories, take action, and heal. If you have experienced sexual assault or battery, you’re not alone—Andreozzi + Foote is here to support you.
Contact us today online or by calling 866-311-8640 for a free, confidential consultation to discuss your rights and legal options.
