In California, sex offenses, such as sexual battery crimes, carry heavy penalties. In addition to criminal penalties and punishments, some crimes carry civil repercussions, including victim restitution. To defend yourself against sexual battery accusations and potentially have them dropped or reduced, we encourage you to contact us at the Monterey Criminal Attorney for assistance. With our extensive criminal law knowledge, our criminal defense attorneys are prepared to assist you in defending your rights.

Understanding Sexual Battery Under California Laws

Penal Code 243.4 defines sexual battery as touching someone else's private parts against their will with the intent to cause sexual gratification, sexual arousal, or to sexually abuse them. Criminal sexual touching without consent is a serious violation of human rights and can result in severe penalties. You can be charged with this crime even if there was no sexual penetration or intercourse. A victim of sexual battery also need not be clothed or undressed for the offender to perpetrate this crime.

In some jurisdictions, sexual battery is reserved for more severe forms of sexual offenses, including rape and forced penetration. Sexual battery and rape are two very different things under California sex laws. Rape is defined as sexual intercourse or other sexual acts with someone without their consent. It is often perpetrated through force, coercion, or manipulation.

Penetration is a necessary component of criminal rape, and any degree of penetration is considered rape. According to PC 261, an individual can be found guilty of rape in California if there was actual penetration or sexual intercourse. On the contrary, sexual battery is a sexual offense that does not entail any form of penetration. Sexual battery is considered to be less severe when compared to criminal rape, although it still carries harsh consequences in California.

An individual will be charged with sexual battery when they are accused of having touched another person's private areas without that person's consent. Touching in sexual battery is done to cause sexual excitement or arousal. Sexual battery can involve the following acts:

  • Touching a female's breasts or fondling them without her permission
  • Spanking or patting another person on their backside
  • Touching another person's private parts
  • Forcing someone to touch someone else's private parts
  • Forcefully kissing someone on the lips

It should be noted that in California, an individual may face accusations of sexual battery regardless of whether they are currently in an intimate relationship with the victim.

Elements of Sexual Battery

To convict someone of sexual battery, the prosecution must establish some elements.

Touch

There has to be evidence that the offender made inappropriate physical contact with the victim. In this situation, touch refers to touching the victim's private area. Sexual battery can involve direct or indirect touching.

Direct touching occurs when the victim is naked, whereas indirect touching could occur when the victim is dressed. Any physical contact with a naked victim cannot is considered a felony.

This act could have been perpetrated on anyone, including someone who was unlawfully detained or is mentally or physically impaired. If the contact occurred indirectly on a victim's clothes, the act of battery would be charged as a misdemeanor offense.

Intimate Part

Evidence of sexual battery requires physical contact with another person's private parts. In this case, the groin, breasts, anus, genitals, and buttocks are among the intimate areas that can be taken into consideration.

The Victim Had Not Consented To The Touch

Any battery case entails touching a victim without their will. The burden of proof for the prosecutor is to demonstrate beyond a shadow of a doubt that the victim was touched without their consent.

For the victim's consent to exist, they ought to have acted freely and deliberately, fully aware of the exact nature of the conduct to which they have consented. Additionally, the individual being touched should be an adult and provide consent for such an act.

Notably, even when the victim and the defendant are close, consent might not be granted. Consent cannot always be assumed; thus, it may be withdrawn if communicated. If someone uses deception or misrepresents information to get consent, such consent will be nullified, and the offender will be charged with sexual battery.

To Satisfy One's Sexual Desires

For a person to be found guilty of committing sexual battery, the touch has to be performed to arouse or satisfy sexual desires. When someone intentionally touches someone else to abuse them sexually, they also want to give them discomfort or pain in any of their private areas as well as to embarrass, hurt, or frighten them. This may also be considered sexual battery, even if there is no aim of providing sexual excitement.

Is it possible for the contact to be by accident? If so, it won't be regarded as a sexual battery offense. However, when the contact was intended to provide sexual enjoyment to the offender or to excite the victim's sexual urges, this would constitute a clear instance of sexual battery.

Illegal Restraint

One can restrain someone without consent by using words, physically restraining them, or by using force. Illegal restraint does not always suggest that the perpetrator had their victim restrained by handcuffs or chained up.

It might be mental or emotional as well as physical. An offender can be guilty of unlawful restraint if they prevent the victim from escaping. Additionally, intimidation is another tactic that can make the victim helpless and afraid of leaving.

The prosecution's goal here is to show that the offender sexually battered the victim by abusing their position of authority to keep the victim from fleeing.

For instance, a supervisor may be prosecuted with sexual battery when a junior employee refuses to remain in the workspace to give into the supervisor's touch or sexual conduct and is threatened with being fired.

It is considered a crime when someone uses their words, acts, or authority to restrict another individual's freedom to move freely. The restraint requires more than just the offenders's physical strength to achieve the goal, which is sexual battery.

An Accomplice

The defendant may commit sexual battery by themselves or with help from someone else. If it is established that you helped or encouraged the defendant to commit the crime, you may face charges of sexual battery. This is because anyone who helps the defendant to carry out the conduct is equally culpable of the offense.

The penalties for helping to commit an offense will remain the same as those imposed on the real offender, and the accomplice faces the same accusations as the offender.

The following actions could lead to accusations of complicity in a sexual battery offense:

  • You knew the main offender was engaging in illegal activity, yet you chose not to intervene or report that crime
  • If you wanted or helped, promoted, encouraged, or initiated the perpetration of the offense
  • If you meant to or participated in the commissioning of that offense

Sexual Battery Penalties

In California, charges for sexual battery may result in a misdemeanor or felony based on the specifics of the incident and the proof that is brought before the judge.

Misdemeanor Sexual Battery

Lesser charges of sexual battery are charged as misdemeanors. If there were no further aggravating circumstances and the sexual assault just involved touching someone's privates without their permission for abuse, gratification, or arousal, it would be classified as a misdemeanor.

Penalties for a misdemeanor sexual battery conviction in the absence of aggravating circumstances include:

  • Minimum of six months in county jail
  • A fine of no more than $2,000 (or $3,000 if evidence shows the victim was your employee or junior at work)
  • Summary or informal probation for at least five years. The probationary phase may include community service duties and a batterer's education course completion requirement for the offender
  • Registration for no less than ten years as a tier-1 sexual offender as defined by California PC 290

Felony Sexual Battery

A sexual battery crime involving aggravating factors can be charged as a straight felony. Aggravating factors involve activities such as illegally restraining a person, victimization of individuals in institutional settings, targeting incapacitated or disabled individuals, and defrauding victims into believing that the contact is for their benefit or is necessary for medical reasons, among other such factors.

If these elements are present in a sexual battery offense, then the violation is considered a wobbler. The prosecutor can file either misdemeanor or felony charges, depending on the facts provided in the proceeding and your prior convictions. This implies that the prosecution could file misdemeanor charges even though your case has aggravating factors. However, this specific case will carry a maximum incarceration period of twelve months.

If the aggravating circumstances exist and the prosecution charges you with a felony crime, you may face more significant penalties, which include:

  • A formal or felony probation
  • A sentence of two, three, or four years in prison. If the victim suffers severe physical harm due to the battery, the perpetrator could face an extended prison sentence of three to five years
  • A $10,000 maximum fine
  • Lifetime registration as a tier-3 sex crime offender

An offender must only be listed as a tier-1 sex crime offender for no less than 10 years if they have been convicted of felony sexual battery on an individual who:

  • Has been placed in an institution
  • Requires medical attention
  • Is considered seriously disabled or medically incapacitated

Legal Defenses to Sexual Battery Charges

Sexual battery charges can have a significant and lasting impact on your life. Partnering with a competent criminal attorney can significantly help avoid incarceration and prove your innocence about the offense you are accused of.

You can raise several legal arguments in your defense, including:

The Alleged Victim Gave Their Consent

This is an important and common defense strategy used in many cases involving sexual crimes. Suppose the alleged victim gave apparent approval, or you had reasonable grounds to believe the individual would engage in the action. The court cannot hold you liable for the crime in that case. The victim's consent can be deduced from their remarks and lack of objection.

Nevertheless, if the offender deceived, forced, or threatened the victim, the victim's inability to object cannot be considered as consent. If the victim is unconscious or impaired by alcohol or drugs, they could be unable to object to the contact and cannot provide consent. Consequently, the offender can be held responsible for the offense.

Understanding that individuals can withdraw their consent at any given moment in dating is crucial. If one partner pursues the act despite the other person revoking consent, they can face charges of sexual battery.

False Allegations

There are numerous ways in which one can be wrongfully accused of a sexual offense that they did not perpetrate. Some people suffer from mental disorders and can fabricate allegations against others to gain attention. An individual may falsely accuse another of sexual battery as a means of retaliation for past actions.

The victim can seek justice against an individual who has caused them harm, such as a former partner or spouse. Some individuals can make false accusations against others to extort money or for their benefit. If the situation is as described, the court will dismiss the allegations, and you will have the option to seek legal action against the individual who made the accusation.

Lack of Evidence

Many sex crime cases have been dismissed due to insufficient evidence to secure a conviction against the perpetrator. If a victim files a claim without tangible physical evidence or supporting witnesses, the prosecution could be compelled to dismiss the allegations against the accused person. Signs that are often sought after in these kinds of situations may include scars or any additional proof that could indicate aggressive contact with the alleged victim.

There Was No Physical Contact of a Sexual Nature

The prosecutor has to demonstrate that any touching that was carried out was either intentional or sexual. In addition, due to the scarcity of tangible evidence regarding the specific events, there might not be enough evidence to uphold a sexual battery accusation beyond any reasonable doubt.

Statute of Limitations For Sexual Battery

If you are accused of a misdemeanor sexual battery, the prosecution has one year to press criminal charges. On the other hand, the prosecution team has ten years after the purported incident to press charges of felony sexual battery.

Can I Face Civil Action For Sexual Battery?

Yes. A sexual battery victim could sue you in a civil court to seek compensation for any damages incurred as a result of the crime, such as pain and suffering and medical expenses.

This legal action is an independent and supplementary proceeding different from the criminal charges you could encounter. In a civil case, the burden of proof lies with the "victim" to establish that you are responsible for committing a battery and that the offense resulted in provable damages.

It is important to note that California now forbids the act of "stealthing," which refers to the act of removing a condom during intercourse without receiving verbal consent from the other party. This act is considered a form of sexual battery. If a stealthy victim is harmed or injured due to your actions, they could file a civil claim against you.

Crimes Related to Sexual Battery

Rape and "battery," as PC 242 defines it, are the most prevalent crimes involving sexual battery. Engaging in oral copulation, lewd conduct with a child, and other sexual crimes can result in legal penalties for an individual.

Rape

According to PC 261, rape occurs when an individual engages in sexual activity without the consent of another person. The crime could have been undertaken using coercion, intimidation, or deception. The main difference between sexual battery and rape is the involvement of intercourse in rape, which is absent in a battery prosecution. Rape is classified as a felony crime, carrying a maximum penalty of eight years in prison and a fine of two thousand dollars.

Battery

According to California's PC 242, battery occurs when you make physical contact with another person without their agreement, whether it is sexual or not. It also includes the act of taking someone's hand and placing it on your private body parts. Battery charges are often classified as misdemeanors, carrying a maximum term of six months behind bars and a fine not exceeding $2000.

Lewd Behavior With a Child

If a defendant touches the genitals of another individual under the age of 15 intending to experience sexual pleasure, abuse, or gratification. Under these conditions, they could be subject to prosecution under PC 288 for engaging in lewd actions. The specifics of the conduct determines the severity of punishment for this crime, the victim's age, and the relationship between the perpetrator and the alleged victim. If you're accused of sexual battery, you will also face allegations of participating in lewd conduct with a child.

Oral Copulation

According to PC 288(a), engaging in oral copulation with a minor refers to situations where an individual engages in oral sex with someone who is below the age of 18. Engaging in oral copulation with a child can result in criminal charges, regardless of whether it was consensual. This means that engaging in sexual activity with minors is illegal under the statutory rape laws.

If the child is intoxicated, mentally disabled, or the defendant uses fear, the crime can be prosecuted as oral copulation by fear or force.

The crime can lead to misdemeanor or felony charges. If an individual is prosecuted as a misdemeanor, the penalty includes a maximum of one year behind bars. A felony conviction carries a 16-month, 2-year, or 3-year state prison sentence.

If an individual engaging in oral copulation is at least ten years older than the child who is under fourteen years of age, they could face a prison term of 3, 6, or 8 years as a potential penalty. A conviction for oral copulation also calls for the offender's registration as a sex crime offender.

Frequently Asked Questions on Sexual Battery

Some of the most frequently asked questions include:

Which Part Of The Victim's Body Must I Touch To Be Found Guilty Of Sexual Battery?

To prove that you committed sexual battery, prosecutors must demonstrate that you made contact or touched the victim's private part. A woman's breasts, as well as any person's groin, anus, sexual organ, or buttocks, are considered intimate parts. Consequently, you may be found guilty of sexual battery when you touch any of these parts against the consent of the victim for sexual gratification or arousal.

What Proof Of Intent Is Required By The Prosecution To Find Me Guilty Of Sexual Battery?

It is the responsibility of the prosecution to prove that you intentionally touched the victim's private areas to abuse, satisfy, or arouse them sexually. The trial will use circumstantial evidence that demonstrates your actions were motivated by sexual urges. To be found guilty of this offense, it must be proven that the contact with the victim's private area was not accidental.

When Is A Sexual Act Performed Against The Will Of The Victim?

Under California sex crime laws, it is considered a crime when someone touches another person's private parts without their consent. Permission should be sought from the individual being touched, except when it involves anyone who is below 18 years old or the legal age of consent. Consent describes the victim's willingness to let their body be touched when fully aware of the offender's character and the act.

This implies that physical contact without consent is illegal regardless of whether you have a close relationship with the individual. The permission is null and void if the touch happens due to the defendant's deceitful representation. Sex crimes can even happen when victims are institutionalized, physically or mentally disabled, unconscious, or unable to permit since they are unaware of the perpetrator or the context of certain acts.

Find a Monterey Criminal Defense Attorney Near Me

If you or someone you care about is accused of sexual battery, it is crucial to seek counsel from a skilled attorney who specializes in sex crimes. We at Monterey Criminal Attorney can help you mount a solid defense against the allegations you face. Call us now at 831-574-1791.