It’s illegal in California to touch an intimate part of another person for your own gratification or arousal without their permission.
If you do, you can be charged with sexual battery (also known as “sexual assault”) under California Penal Code 243.4 PC. Depending on the facts of the case, sexual battery can be charged as either a felony or misdemeanor, but the consequences of a conviction are almost always serious.
That’s because most convictions for sexual battery carry a minimum requirement to register as a sex offender. Being on the sex offender registry can sometimes be more disruptive than a prison sentence — as it leads to difficulty finding jobs, housing and personal relationships.
If you or someone you love has been accused of sexual assault, it is important speak with an attorney as soon as possible. An attorney skilled in sex crimes cases can help you understand the charges against you and build your defense.
What is sexual battery in California?
Sexual battery is defined in California as “the unlawful and intentional touching of an intimate part of another person, if that touching is done against the will of the other person and for the purpose of sexual gratification, sexual arousal or sexual abuse.”
An “intimate part” includes the genitalia, buttocks or female breast.
The touching does not need to be done directly on the skin. It can be done through the victim’s clothing.
It also does not matter if the victim is a man or woman. The crime can be committed against someone of either gender.
The crime can also be committed against someone who is unable to consent to the touching, such as an unconscious person or someone with a mental disability.
In order for the crime to be considered sexual assault, it must be done for sexual gratification, arousal or abuse. If there is no sexual motivation for the touching, then it would not be considered sexual assault.
For example, if you were to touch someone’s buttocks while walking past them in a crowded room, that would not be considered sexual assault. However, if you were to touch someone’s buttocks while walking past them and make a sexual comment at the same time, that would be considered sexual assault.
How long do you go to jail for sexual battery in California?
As we mentioned above, sexual battery can be charged either as a felony or misdemeanor in California. Sexual assault cases rise to felony status when any or all of the below are true:
- The victim was unaware of the act because they were fraudulently convinced that the touching was for professional purposes. This is common with medicinal or therapeutic practitioners.
- The victim was unlawfully restrained.
- The victim was institutionalized and either medically incapacitated or seriously disabled.
- The victim was forced to masturbate, touch one of your intimate parts or the intimate parts of another person in any of the above circumstances.
As a misdemeanor, sexual assault in California is punishable by:
- Six months or one year in county jail
- Up to $2,000 in fines ($3,000 if the victim was your employee)
- A minimum ten-year requirement to register as a tier one sex offender
As a felony, punishments can range up to:
- Four years in California state prison
- Up to $10,000 in fines
- Lifetime registration as a tier three sex offender
In both cases, you could also be subject to civil penalties if the accuser decides to sue for damages.
Potential personal fallout from sexual battery charges
Even if you are ultimately cleared of sexual assault charges, being accused of the crime can have a lasting effect on your life. The social stigma associated with sex crimes is significant, and you may find it difficult to maintain personal relationships or keep a job.
If you have been accused of sexual assault, it is important that you speak with an attorney as soon as possible. An experienced criminal defense attorney can help you understand the charges against you and build your defense.
Your attorney can be your advocate in the public sphere, working to clear your name. If you have been accused of sexual assault, don’t try to go it alone. Get the help of an experienced criminal defense attorney today.
Defenses against sexual battery charges in California
The penalties for sexual battery in California are steep, but the good news is that there are defenses available to you. If the touching is consensual — or if you had a reasonable belief that it was consensual — then you cannot be convicted of sexual battery.
As well, in cases of unwanted touching, there is often not enough evidence to sufficiently prove that the defendant assaulted the alleged defendant.
It’s for that reason that working with a skilled criminal defense attorney can be so beneficial. An attorney skilled in sex crimes cases can carefully examine the facts of your case to get you the best possible result.
Attorney Robert M. Helfend is a SuperLawyers rated lawyer, practicing in the Los Angeles area since 1984. He is a specialist in sex crimes cases. Call today for your free case evaluation — 800-834-6434.