California law takes sexual battery allegations seriously. A conviction could lead to fines of up to $10,000 and damage your reputation. It's always best to seek the help of a professional attorney once you're arrested and charged with sexual battery. At the Long Beach Criminal Attorney, we aim to provide quality services to clients accused of sexual battery and other related sex crimes. Please schedule an appointment with us today for a thorough review of your case and learn how we can help you.
How Sexual Battery is Defined in California
California Penal Code 243.4 is the statute that defines sexual battery in California. Under this statute, sexual battery refers to touching someone’s intimate part against that person's will to arouse yourself sexually, gratify yourself, or as a form of sexual abuse.
Sexual battery differs from rape in that the defendant doesn't have to engage in actual penetration. You can also be prosecuted for sexual battery even if you're involved in an intimate relationship with the alleged victim.
Penal Code 243.4 also covers several forms of aggravated sexual battery. This form of sexual battery arises when the above definition is met, and the following is true:
- You restrained the defendant unlawfully.
- During your crime commission, the alleged victim was in a mental institution and is medically incapacitated or seriously disabled.
- The alleged victim is ignorant of the action since you presented the action as professional.
- You made the alleged victim touch or masturbate you or your accomplice’s private parts.
California recognizes this offense when the alleged victim forcibly touches another person's intimate parts rather than theirs.
Based on the above description, several terms require further explanation to understand them better. These terms are as follows:
Touch
Under this statute, touch refers to contact another person's intimate part through the clothes or directly. It also refers to touching onto the defendant's clothing. In an aggravated form of sexual battery, touching refers to making contact using the victim's bare skin on your clothes or directly.
Intimate Part
Under this statute, an intimate part refers to anyone's anus, sexual organ, buttocks, groin, or female breasts.
Against Someone’s Will
Touching a person against their will implies that your actions were unconsented. A person should act without any coercion, and with perfect knowledge of the criminal activity.
Therefore, in an aggravated sexual battery where an alleged victim consents, a defendant can still be prosecuted for sexual battery since the individual's consent doesn't represent free and voluntary knowledge of the action.
Sexual Abuse
Sexual abuse in sexual battery charges means that the defendant intended to humiliate, injure, intimidate an alleged victim. It also refers to causing pain or suffering to the alleged victim's intimate parts.
Please note, sexual touching as an intended purpose is also sexual battery. Sexual touching is directed towards gratifying or pleasuring yourself sexually.
Unlawful Restraint
Unlawful restraint refers to controlling the movement of another person by your action, authority, or words against that person's will. You should note that perpetrators must apply a physical force that’s more than required to accomplish a sexual touch. You should also note that unlawful restraint doesn't suffice when done for a legal purpose and using legal authority.
Accomplice
An accomplice in a crime refers to anyone who aids and abets in criminal activity. You can be an accomplice in a sexual battery when you know that the defendant is doing an illegal act and wants to aid, promote, or initiate the action. It can also refer to participation in the criminal conspiracy of sexual battery.
The Consequences of Sexual Battery
Sexual battery in California is a wobbler. Here is a breakdown of the sentences for misdemeanor and felony sexual battery.
Penalties for Sexual Battery as a Misdemeanor
Basic misdemeanor sexual battery involves touching someone’s private part without consent to arouse, abuse, or gratify yourself sexually. Misdemeanor sexual battery is punishable by:
- Custody in jail for up to one year.
- A maximum fine of $2,000 or a maximum fine of $3,000 if the alleged victim is your worker.
- Summary or informal probation for a maximum of five years.
The Consequences of Sexual Battery as a Felony
Sexual battery can be punished as a felony when there are aggravating factors associated with your actions. However, if any of the irritate factors described above apply, the crime is a wobbler. A conviction can lead to the following:
- Felony probation.
- Imprisonment for 2, 4, or 4 years with possibilities of an addition of 3-5 years when the victim suffers severe bodily injuries.
- A fine of up to $10,000.
- Registration as a third-tier sex offender for a lifetime.
Please note, not all people are eligible for mandatory registration as third-tier sex offenders for life even when your arrest demand this. For instance, when the touching was against the alleged victim's will and was purposed for sexual gratification or abuse, the offender must register as a sex offender for at least ten years.
Legal Defense Strategies for Sexual Battery
You should expect your attorney to adopt relevant defense strategies as means of helping you handle your case. Several strategies might help you dismiss or discharge your case. Here are a few strategies that you can depend on.
Lack of Sufficient Evidence
Prosecutors must prove that all elements of the crime against a defendant are met. Failure to do so might have the defendant acquitted. Here is an example that better explains the lack of sufficient evidence in sexual battery allegations.
John is arrested for sexual battery on Diana. However, Diana doesn't present evidence of being restrained by John. She claims that John illegally held her, but there aren't any marks on her body or any confirmed marks by her attending physician. She also doesn't claim that John held her in a secluded space or a room.
In this scenario, the absence of proof that John restrained Diana means that the prosecution cannot establish a crucial element of sexual battery. Had the doctor verified that there were marks on her body, John would have been prosecuted with sexual battery.
You Had Consent to Touch the Alleged Victim
If the sexual touching was consensual or believed it was consensual, you don't commit sexual battery. Look at the following example to understand this concept much better:
James and Julia are on a date. James goes ahead and puts his hand on Julia's bra, but she doesn't communicate clearly to stop him in his first attempt. James believes that she had consented by failing to react.
Later on, Julia accuses James of sexual battery. However, unless she convinces the jury that she didn't consent to the action, James is innocent of sexual battery.
False Accusation
It's easier for sexual battery accusations to be false since there's no requirement or physical injury as evidence of the crime. Most false allegations arise from jealousy, anger, or revenge, especially when two parents fight over a child's custody.
When you claim that the allegations were false, it overlaps insufficient evidence as to your legal defense strategies. In most cases, insufficient evidence works when an alleged victim makes up a story or lies about unconsenting to an activity. Therefore, there's usually no or little evidence that the prosecution can depend on.
Police Misconduct
The use of police misconduct as a legal defense strategy doesn’t necessarily help you dismiss your charges, but can be useful in reducing them. Once proven, prosecutors cannot use any piece of evidence collected through the misconduct. Some of the instances describing police misconduct include:
- Unlawful search and seizure
- Use of excessive force
- Malicious prosecution
Sexual Battery Related Crimes
Several offenses are associated with sexual battery in California. These crimes are "related" since they are frequently charged with this crime or have similar elements of the crime that the prosecutor must prove. These related crimes are as follows:
Penal Code 261(a): Rape
California Penal Code 261(a) defines rape as forcible sexual intercourse or penetration with someone, not your spouse, and without that person's consent. A defendant can engage in unconsented intercourse in several ways, like the use of threats and force.
This statute includes several circumstances that are regarded as rape. For instance, an unconscious person in forcible sexual intercourse due to intoxication is considered rape, despite the lack of consent from the alleged victim.
Prosecutors can prosecute you with rape and sexual battery when you compel a restrained person to intimate touching and eventually engaging in unconsented sexual intercourse.
A rape conviction is a felony with the following penalties:
- A maximum of eight years of imprisonment
- A fine of up to $10,000
- Mandatory registration as a sex offender for at least ten years
Apart from these, a rape conviction can add a count on your criminal record under the Three Strike Law since it's a violent felony.
Penal Code 242: Battery
California Penal Code 242 defines battery as willfully and unlawfully using force against another person. A person commits an action knowingly by doing it willingly and on purpose. You don't necessarily have to break the law, gain any advantage over someone, or hurt anyone, to act "willfully."
Battery is also referred to as simple battery, and it is related to sexual battery in that you must commission a battery in a sexual battery.
Battery is punished as a misdemeanor with the following penalties:
- Up to six months of custody in county jail
- A fine that doesn’t exceed $1,000
Please note, a simple touch on someone suffices as a simple battery as long as a defendant did it rudely or angrily. The touching doesn't necessarily have to cause pain or injury to the alleged victim.
Penal Code 261.5: Statutory Rape
Under Penal Code 261.5, statutory rape refers to illegal sexual intercourse with a child. Under this statute, an "adult" refers to anyone 18 years old or older. A minor refers to anyone below 18 years.
Statutory rape exists so prosecutors can impose rape charges differently when there's an age difference between the perpetrator and the victim. Statutory rape relates to sexual battery in that both involve sex acts between an adult and a child, allowing prosecutors to charge a defendant with both in the same trial.
Statutory rape is a wobbler with a misdemeanor punishable by:
- Up to three years of custody in county jail
- A maximum fine of $1,000
Please note, consent from the minor isn't a defense to these charges. However, it's a defense to reasonably believe that the other person was 18 years or older.
Penal Code 288(a): Lewd Acts on a Child
California Penal Code 288(a) defines a lewd act on a child as engaging in a sexual act with a person below 14 years old to appeal, arouse, or gratify yourself sexually. This crime relates to sexual battery in that it can occur during sexual battery on a child, allowing the prosecution to convict you with two counts simultaneously.
A conviction for lewd acts on a child carries the following consequences:
- Imprisonment for up to eight years
- A fine of up to $10,000
- Registering as a third-tire sex offender for a lifetime
Under this statute, "touching" must be aimed at arousing, gratifying lust, passion, or appealing to the desires of an adult or the alleged victim. However, actual arousal doesn't necessarily have to be achieved to be prosecuted. Apart from that, the child's consent to the action doesn't work as a legal defense strategy.
Find a Long Beach Criminal Attorney Near Me
California regards sexual battery and other sex crimes as serious offenses. That's why you should retain a skilled and dedicated defense attorney once you're arrested and charged with sexual battery. Your livelihood, freedom, and rights are at stake, and the faster you secure a professional attorney, the easier you'll manage to guarantee your freedom.
At the Long Beach Criminal Attorney, we have extensive knowledge and understanding of California's criminal justice system. If you or your loved one has been arrested and charged with sexual battery, we are the right firm for you. We will analyze the facts surrounding your case and plan solid defense strategies that will help you achieve the best results. Contact us today at 562-308-7807 and schedule a consultation.