A person is found to be guilty of sexual battery if he does sexual penetration by threatening or without the other person’s consent, or with a minor or mentally or physically challenged person. When you are facing a sexual battery charge, you are facing a criminal charge of the range of misdemeanor or felony depending on the circumstances. Hence you may be penalized with a fine not less than $1,000 and imprisoned for at least 2 years. You have to be aware of your rights as a person charged with sexual battery offense so that you can take steps to protect them.
Presumption of Innocence
As long as the Government prosecutors prove your guilt, you have a right to be presumed as innocent. This is in the context of constitutional efforts of not convicting an innocent person wrongly.
Protection against Unwarranted Searches
Under the US Constitution Bill of Rights, each individual is protected against any unwarranted or unreasonable seizure or searches of their belongings. This underlines the importance of obtaining a legal search warrant to let officers search your house, papers or other documents.
As an accused, you have all rights to get legal representation for your case. You can take the help of a qualified attorney to build defense in your favor so that your charges can be dismissed or penalized with lesser charges.
Right to Remain Silent
You can remain silent without answering the questions during the interrogation process until your attorney arrives.
Trial by Jury
You have all rights to present your defenses and have a fair trial conducted by a jury. Thus you get a chance to defend yourself.
You can gather evidence and other witnesses. You are permitted to present them in your favor so as to prove your non-involvement in the alleged incident of sexual battery incident.
Alleged victim, accusers and their witnesses can be cross-examined or interviewed by you and your attorney to find out inconsistencies in their accusations. You are given all rights to present your defenses.
You get all rights for having a speedy trial before your state appointed jury takes up your case.
Freedom from Double Jeopardy
You cannot be punished for a crime twice.
Getting Legal Aid
You should be aware of about your basic rights. However, protecting them and defending your case is not possible without the help of a sexual crime defense lawyer.