Sexual Assault (Sexual Battery) Defense in Louisiana

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What is the penalty for sexual battery in Louisiana? Sexual battery under La. R.S. 14:43.1 carries up to ten years, with or without hard labor, without benefit of parole, probation, or suspension. When the victim is under thirteen and the offender is seventeen or older, or in certain other cases, the range rises to twenty-five to ninety-nine years. A conviction requires sex offender registration.

What most people call sexual assault is charged in Louisiana as sexual battery. If you have been accused, a Baton Rouge sex assault lawyer can explain exactly what you are facing. It does not require penetration. It involves intentional sexual touching without lawful consent, and it is a serious felony with lifelong consequences. This page explains the charge, how the State proves it, the defenses, and how we fight it.

Quick answers

What it is: Intentional sexual touching, without consent, under La. R.S. 14:43.1. No penetration is required.

The penalty: Up to ten years without benefit. Twenty-five to ninety-nine years when the victim is a young child or in certain other cases.

The key issues: Consent, intent, and the reliability of the accusation and any forensic evidence.

What to do first: Say nothing to police. Call a defense lawyer before any questioning. What you say becomes evidence.

What counts as sexual battery in Louisiana?

Sexual battery is the intentional touching of the anus or genitals, by the offender or forcing the victim to touch the offender, directly or through clothing. What makes it a crime is the absence of lawful consent, or the victim’s inability to consent.

The law also reaches cases based on age and incapacity: a victim under fifteen who is at least three years younger than the offender, or a victim who cannot resist due to disability, unsoundness of mind, or age sixty-five or older. Because no penetration is required, sexual battery is charged in a wide range of situations.

Elements the State must prove

To convict, the State must prove each element beyond a reasonable doubt.

• Intentional touching. An intentional touching of the anus or genitals, directly or through clothing.
• The prohibited circumstance. That it happened without consent, or under one of the age or incapacity conditions in the statute.
• Intent. That the touching was intentional, not accidental or incidental.

Whether the touching was intentional and whether there was lawful consent are usually the central questions. The State carries the burden. That is where a real defense begins.

What happens after a sexual battery arrest in Louisiana?

Say Marcus is arrested after an allegation and booked. Within seventy-two hours he sees a judge for an initial appearance, where a bond is either set or denied. Because sexual battery is a felony, the State must formally charge him. If he stays in jail, the State has sixty days to file that charge, under La. C.Cr.P. art. 701.

Then comes arraignment and a plea. After that, the case turns on the account of what happened, the consent question, and any forensic evidence. Early work on that evidence, and on the reliability of the accusation, is critical.

What are the defenses to sexual battery?

• Consent. Where lawful consent can exist and the touching was consensual, that defeats the charge.
• No intent or accidental contact. Incidental or accidental contact is not sexual battery. The touching must be intentional.
• False or mistaken accusation. Motive, inconsistencies, and the timeline can undercut the account.
• Challenging the forensics. Where DNA or other physical evidence is offered, it can be examined for contamination, transfer, and interpretation error.
• Unlawful search or interrogation. Evidence obtained through an illegal search or a rights violation may be suppressed.

How we defend a sexual battery charge

I have taken more than sixty felony jury trials to verdict, and I am a court-qualified forensic DNA expert. Where the State relies on forensic evidence, that background matters. We gather the evidence, examine how it was collected and tested, and challenge how it is being interpreted.

We investigate the consent question, the intent behind the contact, and the reliability of the accusation and any identification. Early aggressive representation makes a difference in a case this serious. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What is the difference between sexual assault and rape in Louisiana?

What people call sexual assault is charged as sexual battery under La. R.S. 14:43.1, and it does not require penetration. Rape, under the separate rape statutes, requires anal, oral, or vaginal intercourse without lawful consent. Both are serious felonies requiring sex offender registration, but the conduct and the penalties differ. Sexual battery generally carries up to ten years, with far higher terms in child cases.

Does the contact have to involve penetration?

No. Sexual battery specifically does not require penetration. It covers the intentional touching of the anus or genitals, directly or through clothing, either by the offender or by forcing the victim to touch the offender. Because the threshold is touching rather than penetration, the charge can arise in a wide range of situations. That does not make it any less serious.

Is consent a defense?

It can be, where lawful consent is possible. If the touching was genuinely consensual between adults who could legally consent, that defeats the charge. But the statute lists situations where consent cannot exist, such as when the victim is below the relevant age or cannot understand the act due to disability or incapacity. In those cases consent is not available as a defense.

What are the penalties for sexual battery?

The base penalty is up to ten years, with or without hard labor, without benefit of parole, probation, or suspension. When the victim is under thirteen and the offender is seventeen or older, or in certain disability and elderly-victim cases, the range rises to twenty-five to ninety-nine years, with at least twenty-five served without benefit. A conviction also requires sex offender registration.

Talk to a Louisiana sex crime defense lawyer

A sexual battery charge is a serious felony with lifelong consequences. A few questions help us understand your case. Has an arrest already happened? Is this a state or federal matter? Is there forensic or DNA evidence involved?

Check Jarrett’s availability for your case or call 225-330-7009. The sooner we start, the more we can do.

Louisiana Sexual Battery Statute: La. R.S. 14:43.1

Always verify current statute text at the Louisiana State Legislature. The following is an excerpt.

§43.1. Sexual battery
A. Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing, or the touching of the anus or genitals of the offender by the victim…, when any of the following occur: (1) The offender acts without the consent of the victim. (2) The victim has not yet attained fifteen years of age and is at least three years younger than the offender. (3) The offender is seventeen years of age or older and [the victim cannot resist due to physical disability, unsoundness of mind, or is sixty-five or older].
B. Lack of knowledge of the victim’s age shall not be a defense. However, normal medical treatment or normal sanitary care shall not be construed as an offense….
C.(1) Whoever commits the crime of sexual battery shall be punished by imprisonment, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than ten years. (2) [When the victim is under thirteen and the offender is seventeen or older, twenty-five to ninety-nine years, at least twenty-five without benefit.]

Source: La. R.S. 14:43.1 (Louisiana State Legislature). Excerpted; some subsections summarized. Amended by Acts 2015, No. 256.

Related sex crime defenses

Also see our defense guides for indecent behavior with a juvenile, and online solicitation.