What Is Considered Sexual Assault in Louisiana?

Accusations of sexual assault are very serious, and these cases are prosecuted very harshly. Many people ask, “What is considered sexual assault in Louisiana?” Understanding the different offenses, including rape and sexual battery, that the state considers to be sexual assault is important, whether you are filing charges or facing accusations.

Louisiana’s Definition of Sexual Assault and Rape

There is no specific criminal offense called sexual assault in Louisiana. Sexual assault in the state’s civil courts can focus on a broader range of behaviors that an individual did not consent to. For the offense to be criminally charged, it must involve one or more similar offenses. Sexual assault crimes include rape and sexual battery. Other offenses, such as public indecency, may also cover certain forms of illegal sexual behavior.

Rape is defined as sexual intercourse without the individual’s consent. All rape charges result in felony penalties. Other types of sexual assault charges could be felonies or misdemeanors, depending on the act itself, although all carry mandatory registration as a sex offender.

Sexual Battery Offenses in Louisiana

There are four crimes that are considered sexual battery offenses:

• Sexual Battery: Sexual battery is the intentional nonconsensual touching of a victim with an instrument or body part. It can also involve forcing the victim to do the same to the offender. Furthermore, charges can be brought when the victim is under 15 and the offender is at least three years older than the victim. Other instances occur when the victim is:
  • 17 or older but has a physical disability preventing them from acting
  • Incapable of understanding the act due to a mental disability
  • 65 or older
• Second-Degree Sexual Battery: This includes the infliction of serious bodily harm.
• Misdemeanor Sexual Battery: This occurs when sexual battery is limited to the victim’s buttocks or breasts.
• Oral Sexual Battery: This is the offense of sexual battery when the body part used is the mouth or tongue.

Most offenses of sexual battery could be charged as felonies or misdemeanors, depending on the circumstances.

Rape Offenses in Louisiana

There are three degrees of rape offenses:

• First-Degree Rape: This offense is charged if the victim is 65 years of age or older or was unable to provide lawful consent because of other factors, including:
  • The use of force
  • Threats of immediate and severe harm
  • The use of a dangerous weapon
  • The victim being younger than 13 years old
  • The presence of multiple perpetrators
  • The victim being disabled
  • Committing the act during a burglary offense
• Second-Degree Rape: This form of rape involves the use of force or physical threats, and the victim believes resistance would not prevent the crime. It can also occur if the offender used a narcotic or anesthetic to prevent the victim from resisting.
• Third-Degree Rape: like other types of rape, this is done without the individual’s consent. These charges apply when the victim is incapacitated or incapable of understanding the offense, and the offender should have known this. It also refers to sexual activity that the victim submitted to, believing the offender was someone they knew, and the offender conceals the truth or encourages this error.

These offenses are all charged as felonies, with hard labor sentences.

FAQs

Q: What Is Considered a Sexual Assault?

A: Sexual assault is the crime of sexual intercourse without an individual’s legal consent. Sexual assault offenses in Louisiana include:

• Sexual battery
• Second-degree sexual battery
• Misdemeanor sexual battery
• First-degree rape
• Second-degree rape
• Third-degree rape
• Oral sexual battery

All rape offenses are charged as felonies. Other offenses are either misdemeanors or can be charged as either felonies or misdemeanors. Aggravating factors in sentencing include the age and disability of the victim, the use of force and threats, and the number of offenders participating.

Q: What’s the Difference Between Physical and Sexual Assault?

A: The main difference between physical and sexual assault in Louisiana is that sexual assault involves nonconsensual sexual intercourse, while physical assault is the attempt to commit battery. The crime of assault does not require contact between the perpetrator and the victim, but the victim must have a reasonable fear of suffering battery. Most sexual assault crimes are charged as felonies, while simple and aggravated assault are both charged as misdemeanors.

Q: What Is the Difference Between Indecent Exposure and Sexual Assault?

A: Indecent exposure in Louisiana is a crime of obscenity. It includes the exposure of genitals or acts of offensive sexual conduct in public. Sexual assault is the act of sexual intercourse without an individual’s legal consent. These are both sex crimes, but the majority of sexual assault crimes are charged as felonies. Sexual battery is a crime of sexual assault and can be charged as a misdemeanor or a felony. Indecent exposure can also be charged as a misdemeanor or a felony.

Q: What Is the New Law in Louisiana About Sexual Assault?

A: In 2024, there were several new laws in Louisiana relating to sexual assault offenses. In July 2024, state laws made it simple for individuals who submitted a sexual assault kit to track the kit as it is tested. The law also ensures anonymity. Another new law gives officials 72 hours to pick up these kits. In August 2024, a law was passed that allowed the surgical castration of individuals who were convicted of certain sex offenses against minors.

Defending Your Rights in Louisiana

Being charged with a sex crime does not mean that you are guilty. Unfortunately, the stigma surrounding the offense often leads to immediate collateral consequences. You have options if you are charged with a sexual assault offense. Working with an experienced criminal defense lawyer can protect your rights.

Sex crime and sexual assault cases are exceptionally complex, and each requires a skilled and experienced attorney. At Longman Jakuback, our team has years of experience in criminal defense. We can use our knowledge and resources to eliminate or mitigate the penalties of this charge as much as possible. We know how overwhelming this time in your life can be. Contact Longman Jakuback today and learn how we can help you.