In California, an individual may be charged with sexual battery as an intimate partner violence crime if he or she touches his or her partner in a sexually abusive manner or for his or her own sexual gratification or arousal against his or her partner’s will. One’s GLBT intimate partner may be the person with whom one lives or lived, the person with whom one has children, the person to whom one is or was civilly united or the person whom one is or was dating. It is important to understand that this crime may be alleged even between partners who are involved in an on-going, sexual relationship. If convicted of sexual battery, the accused faces up to one year in jail and up to a $2,000 fine if the crime is filed as a misdemeanor or up to four years in prison and up to a $10,000 fine if the charge is prosecuted as a felony.

There are certain trial issues that come into play in almost every case that alleges domestic violence. These evidentiary issues are oftentimes specific to these types of cases, which is why it is so important for an individual accused of sexual battery to hire a California domestic violence lawyer who will be familiar with each and who will understand the ways to admit or exclude these types of issues.

The following is a sampling of the most common issues that are likely to arise in an intimate partner abuse sexual battery case:

Witness issues can be beneficial or devastating to the defense, depending on the expertise of the defendant’s criminal defense lawyer. A skilled attorney knows how to take any witness – even witnesses presented by the prosecution – and turn them into a witness that ultimately helps prove the defense’s side of the story. The attorney does this through careful witness preparation, through an impeccable cross-examination and by carefully listening to testimony so that he or she can point out and highlight any discrepancies that are unfavorable to his or her client.

A major witness issue that may arise in a sexual battery case is that of the recanting victim. Recanting victims, even if well-intentioned, can be devastating to the defense if not first counseled by an attorney who specializes in California crimes of domestic abuse who knows how to effectively handle the unique challenges that this type of witness presents. When there is a recanting victim, the issue of battered person’s syndrome (BPS) will likely follow. BPS can invoke a great amount of sympathy for an alleged victim and should only be addressed by a lawyer who understands the intricacies involved with this psychological condition.

Hearsay is another trial consideration that must be evaluated by the defendant’s attorney. In most DV cases, hearsay will be admissible against the defendant, even though it is excluded from evidence in most other types of criminal trials. This is another reason why it is vital for the accused to have an attorney who knows how to successfully exclude or at least downplay this type of evidence, thereby avoiding the appearance that he or she doesn’t typically practice such technical cases.

Physical evidence and DNA evidence also frequently come into play in a domestic violence case. Both can be used to either convict or acquit the defendant, especially in a sexual battery case where the charge is often based solely on the accuser’s word, since there is no requirement that he or she actually suffer an injury.

With offices in Los Angeles and throughout California, the LGBT friendly domestic violence attorneys at the Kavinoky Law Firm have mastered these trial issues and all that surrounds them. They are also aware of the additional challenges that a non-heterosexual client may face within our sometimes homophobic and intolerant judicial system and know how to successfully address and handle those issues as well. For legal advice about a sexual battery charge, contact their law offices today for a free consultation.