QUESTION
My son was charged with sexual battery for allegedly grabbing a woman's butt. What should we expect to happen at the hearing
Asked on Oct 05th, 2017 on Criminal Law - North Carolina
More details to this question:
He's a college student. The woman involved got mad at him for a text msg and told him she would press charges. Then last weekend she stood in front of him with her back to him at a school function, turned around and asked him why he touched her butt. He replied that he didn't. She got campus security and he ended up spending the night in jail for it. He is on the autistic spectrum. The woman carried out what she intended to do earlier in the week. Her allegation landed him in prison with a serious charge.
1 ANSWER
2 Awards
If he is charged with Sexual Battery, then you can read the statute here: statute. It is a Class 1a Misdemeanor, which is the most serious misdemeanor North Carolina has, but it is not a felony. Depending on his criminal record, he could face as much as 150 days in jail.
As to what to expect, he'll have a court date that he'll need to attend. I would recommend hiring an attorney for a case like this as it is very serious. Since this is a matter of her word vs. his, it will be important for the attorney to explain to the Assistant District Attorney his version of events so the State understands what to exect in a Defense. Then it is a matter of whether the 'victim' shows up and how convincing she is as to whether this proceeds to trial.
In the mean time, if anyone was around when she threatened your son with pressing charges or if it was in text/email, get that information together and get it to your attorney. It will seriously help your attorney in your defense.
If this occurred in Wake County, we would be happy to help you. Our number is 919-335-5291.
Sincerely,
M. Moseley Matheson
Answered on Oct 06th, 2017 at 9:09 AM