An Oklahoma City man seemed to think he was above the law as a city employee who worked as a mechanic servicing police cars. Police responded to a call about a bar fight at Don Quixote Club on Portland Avenue at early Saturday evening. When they arrived, they found Daniel Abraham Brewer, 42, with injuries to his face and being yelled at by a woman. The woman told police that as she was returning to her table from the restroom, Brewer reached around her and grabbed her breasts. She says that when she turned to confront him, Brewer punched her in the face and pulled her hair. Brewer sustained the injuries to his face when two men attempted to subdue him, taking him to the ground and punching him in the face "in self defense," according to the men. When police attempted to speak with Brewer, he shouted obscenities at them, saying, "(Expletive) you. I'm a city employee for fleet services and I work on your cars." Unfortunately for Brewer, there is no diplomatic immunity for city maintenance workers. He was arrested on a complaint of sexual battery and booked into the Oklahoma County Jail before being released on bail. Oklahoma Sexual Battery Law Sexual battery is a catch-all crime that encompasses various types of non-consensual sexual physical contact the falls short of rape. If the alleged victim is under the age of 16, a perpetrator would be charged with lewd acts with a minor, also referred to as lewd molestation or child sexual abuse. However, if the alleged victim is aged 16 or older, in most cases, an individual who makes unwanted physical contact for sexual gratification would be charged with sexual battery. Sexual battery is defined under 21 O.S. § 1123 of the Oklahoma criminal code: B. No person shall commit sexual battery on any other person. "Sexual battery" shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner and without the consent of that person or when committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state. Sexual battery is a felony punishable by a maximum of five years in prison. There are three elements which must be proven in order for prosecutors to obtain a sexual battery conviction:
- Lewdness or sexual gratification
- Lack of consent
- Lack of intent - The defendant accidentally brushed against the accuser. Bumping up against someone in a crowded place would not likely be sexual battery.
- Lack of sexual purpose - The defendant's actions were not lewd or lascivious, provided no sexual gratification, and were not intended to do so. "Roughhousing" would not typically be sexual battery.
- Consent of the alleged victim - If sexual contact occurred, and the accuser consented to the act, sexual battery did not occur.