Legal analyst Tim Meche says Louisiana law is pretty clear: "You cannot touch your private parts on another person's body without their consent."
Listen to legal analyst Tim Meche:
It may be hard for Brian Downing's defense team to refute that he is the man seen in the video, which means they would have to try and convince the court that despite the law's wording, what happened that night wasn't sexual battery.
Meche says the defense may try and convince the jury that Downing didn't intend to sexually humiliate the victim, but was instead pulling a prank.
"Sure, they'll probably ask the jury to consider his state of mind, the fact that he was probably intoxicated himself," Meche said. "Nevertheless, they're in a very difficult position."
If convicted, Downing could go to prison for ten years.