Thursday, July 11, 2019

Are there Sex Crimes Involving Domestic Battery?

Domestic violence encapsulates all types of abuse that you can think of such as battery and sexual assault. Sometimes, these kinds of maltreatment are carried out together by the perpetrator, causing the victim to suffer both physically and emotionally. Now, does committing sexual crimes during a domestic battery struggle warrant separate charges or are they all under the umbrella of domestic violence? Read this post to find out.

Sexual assault in domestic battery

Sometimes, when an abuser is committing battery such as hitting and beating, they also commit sexual assault. For example, a husband wanted sex from his wife. When she refused, the man repeatedly beat her and then forced himself on her (a.k.a. marital or spousal rape). This could count as both sexual assault and battery. However, know that they are two different entities under domestic violence and they can be an element in other similar cases. They can also be done together or be an ensuing result of one another. For instance, the female victim is injured due to forceful sexual action done by her partner that is without consent.

According to National Coalition Against Domestic Violence (NCADV), intimate partner sexual assault is likely to cause more injuries than an attack from a stranger or an acquaintance.

Charges of sex crimes in domestic battery

Currently, you cannot be charged separately with sex crimes in a domestic battery case. However, if the sexual crime was too severe and it endangered or harmed a child during its perpetration, then you can be incriminated with child abuse or with the respective punishment for the sexual crime. For example, your battery was also associated with child pornography (you pimped your own child) then you will most likely be imposed with a category A felony which means life imprisonment.

If you beat your spouse and rape him or her in the process, you are committing spousal rape which is punishable under Nevada’s rape laws. This means you can both be charged with domestic violence and spousal rape; both carrying severe punishments.

Beating a spouse or any member of a family is bad enough. Interspersing it with sex crimes makes it inhuman. If accused of these actions, know that you can defend yourself if you firmly believe in your innocence. Of course, to successfully achieve acquittal, you need to have a domestic battery lawyer at your aid.