Sexual battery, when committed against one’s intimate partner, will likely be prosecuted as a crime of domestic violence in California. Domestic abuse laws apply to crimes that are committed against intimate partners and, within the GLBT community, that includes partners who are or were civilly united, partners who have children together, partners who are or were living together and partners who are or were dating. The consequences for a DV sexual battery conviction are severe and can be devastating, both emotionally and financially.

Physical evidence can be extremely important in either convicting or acquitting a defendant accused of committing a sexual battery against his or her intimate partner. This is so because a charge alleging sexual battery requires no physical proof of the allegation, which means that this crime is often filed solely based on the accusation of the accuser. This can be dangerous in a situation where the parties are intimate partners because the motive for alleging the abuse may stem from jealousy, revenge or anger and may therefore be entirely false. This may be especially so in a relationship where the partners are both victims and both abusers and one partner simply wants to gain control over the other.

Physical evidence can carry a lot of weight with the jury. Jurors are often eager to convict in an intimate partner violence trial and physical evidence may be all the ammunition that they need to do so. Physical evidence comes in a variety of forms and includes, but is not limited to, scientific evidence like DNA, visible evidence like a bruise or cast or tangible evidence like medical records or photographs. Common types of physical evidence that may exist in a sexual battery case include burns, scrapes, bruises, bite marks, ripped clothing, broken bones, DNA, medical reports and damage to personal property.

When this type of evidence is presented, it is up to a California domestic violence attorney to hire an expert to independently analyze it to check its authenticity to make sure that whatever physical proof is presented was caused in both the manner and within the timeframe alleged. The skilled, gay-friendly attorneys at the Kavinoky Law Firm are criminal defense lawyers who specialize in California crimes of domestic violence. They work closely with a variety of expert witnesses and private investigators to make sure that they do the most thorough investigation into their client’s case as possible. Based on the information that they receive from their comprehensive defense team, they know what arguments to make to try to exclude this type of potentially damaging evidence and what arguments to make to ensure that favorable physical evidence is not only admitted but also highlighted for the judge and jury to see and hear.

The consequences facing an individual convicted of sexual battery are life changing and include up to four years in prison and a maximum $10,000 fine. An individual convicted of this crime must also register as a sex offender, perhaps the most severe punishment because of the social stigma that is associated with such a label. These are just some of the reasons why an individual accused of sexually battering his or her intimate partner shouldn’t trust his or her freedom or reputation to an inexperienced attorney. The LGBT supportive attorneys at the Kavinoky Law Firm have law offices in Los Angeles and throughout California, which enables them to provide their exceptional representation to anyone in need. They pride themselves on the level of compassion and respect with which they treat their clients and because they specialize in same sex DV crimes, they are equipped to handle the unique challenges that will undoubtedly arise in a gay, lesbian, bisexual or transgender sexual battery case. For legal advice about a sexual battery charge, contact them today for a free consultation and for the best representation.