In a campaign full of twists and turns, even this was something unexpected: When leaked footage emerged of Donald Trump speaking with Access Hollywood’s host, Billy Bush, the whole world stopped to watch and listen. In a statement reacting to the release, Trump characterized the talk of the time as “locker-room banter,” even while members of his own party expressed dismay and disappointment.
Various pundits have since described Trump’s claims in the video as nothing more than crass and inappropriate.
As a sex offense lawyer and partner at Kurtz & Blum, PLLC, I believe Trump’s recorded statements describe behavior that could constitute criminal sexual battery, a Class 1A misdemeanor, under North Carolina’s law. As the only misdemeanor where conviction requires registration with the state’s sex offender tracking system, a charge of sexual battery should never be taken lightly.
Sexual Battery: a Straightforward Definition under North Carolina Law
The state’s criminal statutes are not always easy to parse, but the definition of sexual battery is fairly clear-cut. Under Chapter 14, Section 27.33 of the North Carolina General Statutes,
(a) A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person: (1) By force and against the will of the other person; or (2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
Contrary to what some people might suppose, a conviction for sexual battery does not necessarily hinge on the presence of overt, obvious violence, even in the case of a victim who is judged mentally competent and physically capable of resisting. While some prominent commentators have essentially agreed with Trump in calling the discussion harmless “boy talk” or the like, there are good reasons to believe that the behavior it depicted would constitute sexual battery under North Carolina law.
Significant, Harmful Consequences, as with Any Sex-Crime Conviction
The laws and authorities of North Carolina rightly view crimes of a sexual nature as serious offenses in every case. As a class A1 misdemeanor, a conviction for sexual battery can lead to up to 150 days of imprisonment and fines of a level left to the discretion of the court.
Just as significantly, anyone convicted of sexual battery in North Carolina is required to register as a sex offender with the Department of Public Safety. Sexual battery is the only misdemeanor that comes with this requirement, and the consequences of appearing on the sex offender registry tend to be profound and long-lasting.
Effective Legal Representation is the Best Way to Avoid Unnecessary Damage
President-elect Trump has not been charged with a crime, but this is not to say that others can afford to be cavalier about similar situations. The behavior described in the leaked video might have resulted in a conviction for sexual battery in North Carolina.
Anyone facing such charges or the prospect of them should therefore take the matter very seriously. Hiring a competent Raleigh sex offense attorney is the best way to mitigate the potential consequences that might be extremely damaging.
