Touching one’s intimate partner for the purpose of sexual gratification, arousal or sexual abuse against the will of that partner may result in a California domestic abuse charge of sexual battery. This crime may be charged even upon the slightest touch and may be alleged even if there was no skin to skin touching – the law considers it touching even when done through the clothing of the accused or through the clothing of the accuser. If convicted, this charge carries severe penalties and may drastically alter the life of the accused.

Intimate partners, in a GLBT relationship, include partners who are civilly united, who live together, who are dating and who have children together. For purposes of domestic violence laws, intimate partners are even those partners who no longer remain together but who once shared one of these intimate relationships. Because of the intimate nature of these types of relationships, an incident alleging sexual battery would most likely occur outside the presence of any witnesses. That being said, there are occasionally instances where witnesses are present and, when they are, they can have a huge impact on one’s case.

Witnesses are simply supposed to tell the court and jury what they witnessed, without inserting their opinions or biases for or against either party. Unfortunately, that is rarely the case, as a witness usually has his or her own agenda when it comes to testifying. The witness may want to help a friend or may want to hurt or take revenge upon another. Sometimes a witness may not even want to testify for personal reasons. With respect to a same sex battery case, a witness may have a fear of being “outed” if he or she testifies on behalf of one of the parties and may therefore pretend he or she really didn’t see anything if asked by a police officer, private investigator or attorney. It is up to a skilled California domestic violence attorney to make the defense witnesses as comfortable as possible answering questions and to cross-examine a prosecution witness to the point where he or she loses credibility.

Witnesses essentially testify for both sides. While it’s true that a witness is either presented as a defense witness or as a witness for the prosecution, the reality of the situation is that an experienced criminal defense lawyer can take a witness presented by either side and elicit testimony that favors the defense’s version of events. In a sexual battery case, this means that the defendant’s attorney may be able to get the state’s witness to admit that he or she didn’t witness the actual battery, that the incident was only intended to be a joke or that the touching was consensual. The attorney will make sure that the judge and jury know when a witness may not have been present for all of the events that led to the charged incident and that he or she may have therefore misinterpreted the situation that he or she witnessed. No matter what the circumstances, a good lawyer can turn a potentially hostile witness into a friend of the defense.

When facing a sexual battery charge, it is vital that the accused hires an attorney who specializes in California crimes of domestic violence. With law offices in Los Angeles and throughout the state, the LGBT-friendly attorneys at the Kavinoky Law Firm do just that. They keep current with the latest trial strategies and evidentiary rulings related to intimate partner abuse cases and are dedicated to defending their clients accused of same sex DV crimes with passion and compassion. They excel in cross-examination, which can be the single most important part of a sexual battery case when a third party witnessed the charged incident. They are aggressive when necessary, gentle when required and in tune with how the jurors want a witness to be treated. Contact them today for a free consultation and for the best representation.