Which factor could elevate the seriousness of a sexual battery charge?

The seriousness of a sexual battery charge can indeed be elevated when the victim has mental defects. This factor impacts the legal assessment of consent, as individuals with mental impairments may lack the capacity to give informed consent to sexual activities. The law seeks to protect vulnerable individuals who may not fully understand the implications or consequences of their actions. Therefore, if the victim has mental defects, it can significantly enhance the gravity of the offense, possibly resulting in more severe legal penalties for the offender.

The other factors do not hold the same legal weight in elevating the seriousness of the charge. For instance, the victim's age being older than the defendant does not typically affect the charge severity in sexual battery cases where consent is an issue. Evidence of victim provocation generally does not serve as a valid justification for sexual battery and may even detract from the legal standing of the defense. Lastly, the lack of physical injuries does not mitigate the seriousness of sexual battery, as the crime is defined more by the absence of consent rather than the presence of physical harm.