Man Accused of Sexual Battery in OKC Auto Repair Shop

Earlier this month, an employee at a northwest Oklahoma City auto repair shop was accused of forcibly kissing a customer when she went to the location to pick up her car.  Police arrested Elders Morales, 27, on a sexual battery complaint after the customer reported that an employee of Walls Auto Repair, located at 4920 NW 23, grabbed her by the back of the neck and kissed her against her will as she attempted to leave the establishment.  Morales was held in the Oklahoma County Jail over the weekend before posting $5,000 bond. Regarding sexual battery, the Oklahoma criminal statutes state: "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, or the intentional and non-consensual touching of another person for the sexual gratification of the perpetrator, is a felony punishable by up to five years in prison.  The sexual assault of anyone over the age of 16, the legal age of consent in Oklahoma, is vaguely defined, often allowing prosecutors to charge the defendant with sexual battery for any sex-related offense that does not meet the more explicit definitions of rape, sodomy, and lewd acts.  However, this same definition that gives district attorneys a broad avenue for prosecuting a case also provides Oklahoma sexual battery defense lawyers with several defense options. In order to meet the burden of proof in a sexual battery case, prosecutors must demonstrate that the defendant meets all criteria of the sexual battery definition.  In other words, the prosecutor must prove the the defendant: 1.  Intentionally came into physical contact with the alleged victim, 2.  Did not have the complainant's consent to engage in physical contact, and 3.  Such contact was sexual in nature. If, for example, someone was jostled in a crowd and accidentally brushed against the genitals, buttocks, or breasts of another person, he or she would not be guilty of sexual battery, because the contact was neither intentional nor contained any sexual intent, regardless of the fact that the alleged victim did not consent to have his or her private body parts touched. Sexual battery defense may include lack of intent, lack of sexual purpose, lack of evidence, and consent of the complainant.  An experienced Oklahoma sex crimes lawyer can provide the skilled counsel and aggressive defense necessary to successfully handle your sexual battery case.

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