Sexual battery, when prosecuted as a California intimate partner abuse crime, takes place when an individual touches his or her intimate partner against that partner’s will for his or her own sexual gratification or during an act of sexual abuse. Within the LGBT community, intimate partners may be partners who are cohabitating, have children together, who are dating and who are civilly united. Intimate partners may also be partners who once shared one of these relationships but who no longer remain a couple. Depending on the circumstances that surrounded the alleged incident, an individual convicted of this crime faces either a misdemeanor or a felony, punishable by a maximum of four years in prison and a $10,000 fine.

With such severe penalties, an accused facing this charge should secure legal representation from a California domestic violence lawyer who knows and has mastered all of the unique issues that typically arise in a domestic violence case. The gay-friendly attorneys at the Kavinoky Law Firm have law offices in Los Angeles and throughout California, enabling them to provide their stellar services to those in need, regardless of where they live. They are dedicated to protecting the rights of their clients with integrity and skill and pride themselves on the level of compassion and respect with which they treat each and every client.

Hearsay is one of the previously referred-to unique issues that commonly arise in a domestic abuse case where the defendant has been charged with sexually battering his or her intimate partner. Hearsay is a legal term that refers to an out-of-court statement that is later offered in court for its truth. For the most part, hearsay has been deemed unreliable and is therefore excluded in most criminal trials. However, DV cases are an exception to that rule. In a domestic violence case, evidence of the accuser’s phone call to the police or 911 will likely be admissible during a trial, as will his or her statements to the investigating officer or to anyone else who was present or contacted at the time that the accuser was allegedly being abused by his or her partner. The reason that this exception applies is because it is believed that these types of hearsay statements would be inherently reliable because of the stress of the situation and because there wouldn’t be adequate time to reflect on or fabricate the truth. Clearly this isn’t the case, as the sad reality behind an abusive relationship is that many times, both partners are victims and both partners are abusers and will do whatever it takes to get the upper hand over the other, which includes placing a very real-sounding call to the police in an effort to falsely accuse the other of a crime. This is another reason why it is so important that an accused who is charged with sexual battery as an intimate partner violence crime should immediately contact a criminal defense lawyer who specializes in California domestic violence law and who knows what arguments to make to admit or exclude hearsay evidence so that it favors his or her client.

Because of the highly technical and complex issues and rules (and exceptions to those rules) that come frequently arise in a California D.V. case, having an experienced and skilled defense attorney who knows how to refute or downplay this type of evidence is critical. The GLBT supportive attorneys at the Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in a sexual battery case. They are also in-tune with the special needs and issues that a gay, lesbian, bisexual or transgender client may face in our sometimes homophobic and intolerant society and will ensure that all of their clients receive a fair trial. They will do their best to present their cases in ways that makes the court relate to and feel for their clients. For legal advice from an outstanding firm, contact them today for a free consultation.