What is the difference between sexual assault and sexual battery? How do you determine which one to charge someone with?

Question

What is the difference between sexual assault and sexual battery? How do you determine which one to charge someone with?

Answer

Battery is the intentional use of force or violence against the person-in this case an uninvited touching of someone with the intent to arouse that person or themselves. Assault is the threat of a battery in such a manner that the victim could reasonably expect that threat to be carried out.