Sexual battery is not only a severe violent offense but also a sex offense that the prosecutors take seriously. As a result, individuals convicted of sexual battery will face stiffer penalties than other crimes. Moreover, the offense is linked with the stigma that may lead to loss of business and personal relationships. A reliable criminal defense lawyer like the California Criminal Lawyer Group can help you understand how the criminal justice system in California works. We will also fight to defend your rights.

Understanding the Prevalence of Sexual Assault in California

Reports of sexual assault aren't uncommon in the state of California. According to the California Emergency Management Agency Joint Legislative Budget Report fiscal year 2011-2012, approximately 31,000 sexual battery victims sought medical attention at California's rape crisis centers. Women accounted for the majority of the victims, while men accounted for around 1/3 of victims.

Sexual battery is one of the most underreported offenses. That means these statistics may not reflect the actual number of sexual assault victims.

Sexual battery is a severe offense, and prosecutors don't take allegations lightly. Therefore, if you have been accused of sexual battery, you shouldn't hesitate to contact a competent attorney.

What is Sexual Battery?

According to Penal Code Section 243.4 PC sexual battery can be defined as touching somebody else's intimate part against their will for the purpose of sexual abuse, sexual arousal or sexual gratification.

Also known as sexual assault, sexual battery is different from rape in that in sexual assault, the defendant doesn't require to engage in sexual intercourse or actual penetration. Moreover, you could be charged with violation of Penal Code Section 243.4PC even when you're in a continuing romantic relationship with the alleged victim.

The sexual abuse law goes ahead to outline different forms of aggravated sexual abuse. These forms of sexual assault take place when all the elements of the above definition are met, but in addition, the accuser is:

  • Illegally restrained by committing the offense or by another person,
  • Institutionalized for treatment as well as medically incapacitated or severely disabled,
  • Not aware of the act's nature because the defendant fraudulently claimed that a professional intention triggered the touch, and
  • Made to touch intimate parts of the accused, another person or an aider and abettor or masturbate under the circumstances above.

It is worth noting that the last scenario is a situation where the law recognizes as sexual assault should the victim claim to be forced to touch a defendant's intimate part rather than the defendant touching theirs.

Definition of Key Legal Terms

To gain an understanding of what sexual battery is, discussed below are key legal phrases and terms:

Touch

The term to touch somebody else in reference to California misdemeanor sexual assault is when a defendant makes contact with an alleged victim's intimate part. It can be either through clothing (it can be yours or the victim's) or directly.

As far as felony sexual assault is concerned, to touch somebody else is making contact with their bare skin either through your clothes or directly. It is worth noting that the victim's bare skin should be involved in the touching. It's not California felony sexual assault if the victim's body only makes contact via their clothing.

Intimate Parts

Intimate parts can be defined as any person's sexual organ, groin, buttocks, anus, or a female's breast.

Against the Victim's Will

You break California Penal Code Section 243.4 PC when you don't consent to touch another person. To consent, the person should act freely as well as voluntarily understand the characteristics and consequences of the action to which they are consenting.

Bearing that in mind, this is the reason you could be convicted of aggravated sexual assault even when the accuser consents. This is common when you falsely represented or fraudulently claimed that the act was meant for a professional reason. Fraud rules out the consent; a person can't consent if they have been deceived and, therefore, is not aware of the nature of the act to which they are consenting.

Unlawful Restraint

You illegally restrain another person when you regulate their freedom of movement with the use of authority, acts, or words, and restraint against their will.

However, then again, unlawful restrain needs more than just the physical force needed to realize the sexual touching.

Besides that, you can't unlawfully restrain another person if you use legal power for a legal purpose provided the restraint remains legal. For instance, you are a police officer, transporting handcuffed female inmates. While transporting them, the inmates are well-thought-to be lawfully restrained. However, when you partially undress the inmates to caress them, the purpose ceases to be lawfully, and they are now illegally restrained.

Sexual Abuse

When a person commits a sexual assault with the intent to cause sexual abuse, it means that they intimidate, humiliate, injure or hurt the victim or cause the victim to feel pain in one of their intimate parts. 

Sexual touching with this goal is considered sexual battery even when you aren't driven by the desire to pleasure yourself sexually or enjoy sexual gratification.

Accomplice

Also referred to as an aider and abettor, an accomplice is prosecuted the same way and faces the same consequences as the principal defendant. A person is considered an accomplice to the offense if they:

  1. Were aware that the principal defendant was acting in a criminal manner, and
  2. Planned and in fact:
  • Aided, promoted, encouraged, instigated or facilitated the commission of the sexual battery, or
  • Participated in a conspiracy to commit the offense in question.

What Penalties and Consequences Does Sexual Battery in California Carry?

Misdemeanor Penalties

The basic type of sexual assault, according to the California law, is considered a misdemeanor. That means if you only touch an alleged victim's intimate parts against their will for the purpose of sexual arousal, abuse or gratification (and not any of the above mentioned aggravating factors is present), then you will be charged with misdemeanor penalties.

A California misdemeanor charge carries the following penalties:

  • A maximum of six months in jail,
  • Registration as a sex offender for ten years under California Penal Code Section 290 PC,
  • A maximum of $2,000 in fines or $3,000 in the event the victim used to be your worker, and
  • Informal or summary probation for five years.

Summary probation means that a defendant doesn't have to report regularly to the probation officer. It could include:

  • Enrollment in a batterer's education program,
  • Attending a program tailored to assist people with sexual compulsion or abuse issues, and
  • Community service.

Felony Penalties

If any of the above aggravating factors are present, the sexual assault becomes a California wobbler. A California wobbler is an offense that the prosecutors can charge you either as a felony or misdemeanor depending on your previous criminal history and the case's facts. 

If any of the aggravating elements applies, the court may decide to convict you of a misdemeanor. Consequently, you will face all the misdemeanor penalties listed above, but the county jail term will be one year.

If the prosecutor decides to charge with a California felony sexual battery, you could face the following penalties:

  • Felony (formal) probation,
  • Up to $10,000 in fines,
  • Lifetime registration as a tier sex offender, and
  • A two, three or four-year sentence in state prison.

Moreover, if the alleged victim sustains severe bodily hurt as a result of your actions, you are likely to face an additional 3 (three) to 5 (five) years in prison. A severe bodily hurt is a hurt that is substantial and results in permanent or prolonged impairment. For instance, if an alleged victim's groin was cut and needed extensive stitching, it could be regarded as a severe bodily injury. This is a decision a judge of the finder-of-fact makes.

Legal Defenses

Numerous legal defenses could be used to counter a sexual assault charge. Usually, defendants in any criminal prosecution profess innocence of the offense and sexual battery is not different. You can also admit engaging in the act in question but argue that the act did not amount to sexual battery because the victim gave consent to the act. You can also admit committing the offense but claim that you shouldn't bear accountability due to mental incapacity or insanity.

Innocence

A claim of innocence is the most straightforward legal defense. You could argue that there was no way you could have committed the offense because you were in a different location when the crime occurred. To support this case, you need credible proof that proves that you were not with the alleged victim when the offense took place.

Moreover, you can argue that the alleged victim has misidentified you as the perpetrator. As the claim of innocence, you should present proof to support your claim. If possible, DNA evidence may reliably and accurately prove whether you were present at the scene of the crime or not.

Consent

The sexual behavior occurred against the victim's will is an element of sexual assault. Therefore, if you can show that the victim consented to the act, it will offer a robust defense to the allegations against you.

However, establishing consent can be both controversial and hard for the accused. Most defendants cannot offer direct proof of consent. Therefore, they will try using the alleged victim's previous sexual history to show that the victim consented to the sexual behavior.  Well, this may not go well with the court and could paint the accused negatively.

Some cases are impossible to establish consent. For instance, when the victim can't give consent because they are:

  • Below 18 years of age,
  • Mentally challenged or incapacitated, and Not able to understand the behavior's sexual nature, or
  • Mental Incapacited or Insane.

You can also claim that you were mentally incapacitated at the time of the offense. The court will most likely treat you more leniently upon proving that your mental condition prevented you from knowing the criminal nature of your actions.

False Allegations

Since sexual assault allegations don't require physical injuries, it's easy to accuse somebody else with no evidence. Consequently, a person can accuse you falsely due to anger, revenge, jealousy, or in an attempt to influence the result of a child custody dispute.

This defense can overlap with the legal defense of inadequate evidence. Normally, there is no sufficient evidence since the victim lied about not having given consent to the sexual act or made up the whole thing. In this case, there is very little or no evidence that the prosecutor can rely on.

Insufficient Evidence

The sexual behavior forbidden by California sexual assault law usually does not lead to physical evidence. In most cases, there is no adequate proof to sustain the allegations.

The prosecutor is needed to prove beyond any reasonable doubt that the sexual battery actually took place. Without strong evidence, this can be overwhelming. Therefore, in this case, your experienced criminal defense attorney should be in a position to have the charges reduced or even dismissed without the case going to trial.

Related Offenses

The offenses below are closely associated with sexual battery because either they are charged in relation to or instead of California Penal Code Section 243.4 PC.

Rape (Penal Code Section 261 PC)

A defendant violates rape law (Penal Code Section 261 PC) when they have non-consensual intercourse with somebody else achieved by fraud, force, or threats. It's the aspect of intercourse that makes a distinction between rape and sexual assault.

Rape is a California felony that attracts a maximum of eight years in California State Prison. Moreover, it's a strike in accordance with three strikes law. You are also likely to face an increased jail sentence if the alleged victim suffers a severe bodily hurt or there are aggravating factors present.

Battery Law (Penal code Section 242 PC)

According to Penal code Section 242 PC, battery is an uninvited or unwanted touching. It does not have to be sexual. For instance, if you casually take somebody else's hand and then place the hand on your breast, you have not broken sexual assault law. This is because you did not touch the other person's intimate parts. Suppose the other person didn't voluntarily touch you, you have violated California battery law instead.

Simple battery is considered a misdemeanor. It attracts a fine of up to $2,000 and a six-month sentence in jail.

How Does Sexual Assault Differ from Rape in California?

Sexual battery encompasses numerous sexual criminal actions. These include unwanted and forcible touching like groping an alleged victim's groin through their pants or kissing. Rape, on the other hand, is sexual intercourse resulting from one or more of the circumstances below:

  • The alleged victim is unable to give consent because they are intoxicated, unconscious, asleep, physically or mentally disabled,
  • The alleged victim was subjected to intercourse against their will through violence, menace, coercion, force, or fear of illegal and immediate bodily injury,
  • The defendant committed fraud, or
  • The act was realized against the victim's will by threatening to use the authority of a public officer to arrest, deport, or incarcerate the victim. In this case, the victim should believe that the defendant is a public officer.

It is worth noting that although all types of rape are types of sexual battery but not all sexual battery is rape.

Sex Offender Registration

Sex offender registration is probably the most demoralizing penalty you can face if convicted of sexual assault in California. Previously, a sexual battery conviction attracted a lifetime registration. However, with the passage of SB 384, if convicted with a misdemeanor, you will have to register for a minimum of ten years. Only defendants convicted of egregious or felonious sexual assault will still be needed to register as a lifetime sex offender.

Registration means keeping the local law enforcer aware of your whereabouts provided you live, attend school, and work in the state of California.  

To meet the reporting requirements, you should personally register your address with the local law enforcement authority. It should be done within five (5) days of your discharge from a mental institution or hospital, release from police custody or sentence.

Once you're needed to register as a sex offender, the court informs the Department of Justice who will monitor your reporting compliance. Generally, California Penal Code Section 290 PC requires defendants to update their details within five days of their birthday yearly.

After that, the reporting requirements will depend on factors like:

  • Whether you're a transient or moving,
  • You are employed by or enrolled at a California institution of higher learning, or
  • The court pronounces you a sexually violent predator.

Changes Made to Sexual Battery Laws Since January 1, 2017

Usually, there are new laws that become effective at the beginning of every year. Starting on January 1, 2017, if a defendant sexually assaults a severely intoxicated or unconscious person, the defendant cannot qualify for probation. That means the defendant must be sentenced to prison or jail.

Moreover, AB2888 clarifies the question of consent by declaring that a person under the influence of alcohol or drugs or who is unconscious cannot give consent.

Additionally, AB701 made changes to the legal definition of rape.  Any form of non-consensual sexual battery is now well-thought-out as rape and defendants in most cases will be punished by a compulsory minimum sentence in prison. Formerly, defendants who had sexual intercourse with a drunk or unconscious person who wasn't able to give consent faced a reduced sentence compared to defendants who under duress raped a conscious victim.

These changes come following the Brock Turner case. Brock Turner was a Stanford University swimmer who had non-consensual intercourse with an unconscious woman. The defendant was supposed to register as a sex offender as well as be sentenced for six months but was released after three months. The outrage over his sentence resulted in changes in California's sex laws.

What is the Next Step after Being Charged with Sexual Battery in San Jose?

If you've been accused of the sex offense in question, it is vital to speak with a qualified criminal defense attorney immediately. Having a lawyer who is well acquainted with your case's circumstances and facts, your background, the court where the case is scheduled, and the nature of your crime is crucial in understanding:

  • What you're facing,
  • Different legal defenses available to you, and
  • The practical steps to realize a satisfactory resolution.

Using Creative Resolutions in your Case

There are instances your criminal defense lawyer can present alternative sentencing options for which you are eligible wherein the charges can be dismissed. This means you will not have a criminal record should you complete court-ordered terms and conditions successfully.

In a sexual battery charge, a plea or conviction could result in you registering as a sex offender. Moreover, if you're an immigrant, you are likely to face deportation, should you plea to the crime without fully understanding the consequences. A competent attorney can avoid these negative consequences through preparation and pre-trial discovery.

Your Attorney will Conduct Investigation

The lawyer can visit the scene of the crime, analyze the proof presented against you as well as interview witnesses.

It is common for an investigator to acquire a witness statement where the person's recollection of events isn't clear and then establish reasonable doubt. Besides, courts have deadlines for presenting motions as far as exclusion, introduction, or specific proof that should be presented in a given manner.

Also, the prosecutor will take you more seriously if a seasoned and reliable criminal defense lawyer is representing you. You've more chances for case disposition including alternative sentence, dismissal, suspension of jail time, and a plea to a lesser charge.

Seeking A California Criminal Lawyer Near Me

Sexual battery allegations can immediately destroy your reputation in the community and at work. And in your personal life, your loved ones could start doubting you. In fact, it barely feels like you're innocent till proven guilty. These life-altering consequences alongside penalties such as sex offender registration, fines, and time are common reasons why you should contact an experienced criminal defense attorney straight away.  At the California Criminal Lawyer Group, our attorneys will review evidence, collect more proof to support your case, and later build a robust defense. To discuss how our attorneys can assist you, contact us at 408-622-0204 today.