The state of California considers sexual battery a severe offense and has established harsh laws against such a criminal offense. There is a lot of confusion when it comes to sexual assault, and most people end up guilty of such crimes without their knowledge. If you are convicted of such crimes, there are a lot of legal procedures that you need to take note of to avoid being sentenced as provided by the law. We at The Los Angeles Criminal Defense Attorney are well-positioned to guarantee the best legal services to anyone convicted with such crimes.
Legal Definition of Sexual Battery in California
Under California Penal Code 243.4, it is prohibited to:
- Touch another person's intimate parts
- Against his or her will
- With the specific purpose of sexual arousal, gratification, or abuse
Please note that this law is different from the Penal Code 261 California Rape Law, which requires sexual intercourse or actual penetration to make the offense valid. This means that it is possible to be convicted under Penal Code 243.4, even if you are in an on-going sexual relationship with the accuser.
Elements of Crime In California Penal Code 243.4
Elements of crime define what the prosecutor must prove to the court to successfully convict an accused person. Under Penal Code 243.4, the prosecutor must prove the following elements to convict you with the charges.
1. You Unlawfully Touched Someone
Touching means making contact with an intimate part of another person. The touching can either be directly on the private part or through the cloth of the defendant. Felony charges include touching the person with bare hands, while misdemeanor offense involves touching the defendant's intimate part on his or her clothes.
2. On the Intimate Part
Intimate parts involve body parts such as the:
- Breasts
- Penis
- Buttock
- Groin
- Anus
3. Against the Will of the Other Person
Touching the victim against his or her will means that the action was done without the consent or will of the defendant. The law applies even if you are in an intimate relationship with the victim as long as you did not have permission to act.
By consent, it means an act that the defendant willingly and voluntarily allowed you to do something and knew about the nature of the act. In that case, the person knew you were touching him or her to gratify your sexual purpose.
4. With the Purpose of Sexual Abuse, Arousal or Gratification
In this context, touching another person includes the purpose of intimidating, humiliating, or physically harming the other person. Therefore, it does not necessarily have to be for sexual abuse, but the intention of injuring the intimate part of another person also counts as sexual battery.
When it comes to arousal or gratification, the defendant's comments can also play a part in the offense as long as the offender achieved sexual arousal or pleasure through them.
5. Unlawful Restraint
Although unlawful restraint does not feature in the legal definition of Penal Code 243.4, it also plays a part in charging a defendant against sexual battery in California. Restraining someone against his or her will can be achieved through comments, authority, or act. It does not necessarily mean that one was tied or handcuffed, but blocking the ability of the victim to escape by intimidating is enough to charge someone with such an offense. This includes using your authority status to prevent one from leaving so that you can proceed to your action.
Under Penal Code 243.4, particular factors make sexual assault more aggravating. The definition of aggravated sexual assault include alleged victims who are:
- Unlawfully restrained either by the person committing the crime or an accomplice
- Someone who has been institutionalized to receive medical treatment and probably has been severely disabled and medical incapacitated
- Unaware of the circumstance of the action since the offender deceitful inferred that the assault was meant for a professional purpose
- Made to touch or masturbate an intimate part of the offender, the accomplice, or any other person, under the impression of the circumstances provided above
Please note that if you are an accomplice, you are subject to similar prosecution, just like the primary culprit. One is considered as an accomplice if:
- He or she knew that the main culprit is performing a criminal act
- You had the intention and accomplished the act of aiding, facilitating, encouraging, and instigating the commission of the sexual assault and jointly helped in committing the act
Penalties for Sexual Battery in California
Sexual battery is charged as a misdemeanor or felony, meaning that it is a wobbler offense. Both misdemeanor and felony charges have different penalties that a defendant can face.
Penalties for Misdemeanor Sexual Battery
Misdemeanor sexual battery involves the basics of sexual assault, which include touching another person's intimate part against his or her will for a sexual purpose. Therefore, aggravating factors such as having an accomplice, using bare hands or forceful, unlawful restraint do not apply in this case.
If one gets convicted with misdemeanor sexual assault in California, one faces the following penalties:
- A maximum of six months of imprisonment in a county jail
- Fine amounting from $2,000 to 3,000 if the alleged victim is your employee
- Informal or summary probation up to five years
Penalties for Felony Sexual Battery
Felony sexual battery is considered by aggravating factors such as having an institutionalized, disabled, or incapacitated alleged victim. It also includes a situation where the alleged victim was fraudulently convinced to be touched with the pretense of serving a medical purpose.
If the above-stated factors apply, then the offense becomes a wobbler, meaning that it can be charged as a misdemeanor or felony based on the criminal history of the alleged criminal and the circumstances of the case. This means the prosecutor can still charge you as a misdemeanor despite being a felony offense. However, the difference between the two is the addition of a year in the maximum sentence of a misdemeanor ( three years), amounting to four years.
If the aggravating factors apply, the prosecutor may decide to charge you with felony sexual battery. If convicted with a felony, you face the following penalties:
- Formal felony probation
- Imprisonment in the California State Prison for two, three, or four years with the possibility of an additional three to five years if the alleged victim sustained severe bodily injuries.
- A fine that amounts to a maximum of $10,000
- Life registration as a third-tier sexual offender
Conditions for Informal or Summary Probation in California
Informal or summary probation is imposed on an alleged offender during the sentence. Informal probation may include no jail time or service or a shorter jail time more than the required timeline. Probation is decided on the judge's discretion and might consist of different conditions. Typical conditions for summary probation in sexual assault include:
- Community service
- Penal Code 290 PC, registration as a tier one sex offender for a minimum of ten years
- Completion of a program designed to help members who have been involved in sexual abuse or compulsion issues
- Completion of a batterer's education program
Conditions for Formal Probation in California
A judge can decide to impose probation on a felony charge based on the circumstances of the case. Please note that the judge imposes probation as a way of suspending execution if the defendant is complying with the probation conditions. Also, the judge decides on probation and placing the defendant on probation without imposing a prison sentence. Common probation condition that the judge might impose on the defendant include:
- Payment of the court fines
- Community service
- Regular reporting to the probation officer
- Attendance of batterer's education program and any other program involved with this crime
- Compliance to unauthorized home searches and
- Registration as a tier one sex offender for a lifetime. Registration as a sexual offender can be reduced to ten years if the alleged offender sexually assaulted an institutionalized, incapacitated, and severely disabled person and fulfilled his or her sexual purpose.
Registration as a Sex Offender
The California Department of Justice (DOJ) is responsible for registering and maintaining a sex offender database. Therefore, people who are convicted with specific sex crimes such as sexual battery have to register with the department if they are on probation or released from jail after serving their sentence.
Registered sex offenders must update their information every year, within five working days of their birthday. Particular sexual offenders should register more often than the other such as transients who should update after every thirty days and sexually violent predators who should register after every ninety days. The Sex Offender Tracking programs track every required update and whether a registered offender is violating the update requirements. Once an offender violates the conditions, the program's website will show the registrant as being in violation.
Failure to Register as a Sex Offender
If one fails to register as a sex offender as required by Penal Code 290(b), he or she might be charged as a misdemeanor or felony. For the prosecutor to successfully prosecute a person who has violated the requirement, one must prove the following elements:
- You convicted a sex offense which required registration as a sex offender
- You reside in California
- You were fully aware that you should register as a sex offender
- You willfully failed to enroll in the county or city within the specified timeline
Sentence Enhancement due to Great Bodily Injury
If a sexual battery victim suffers significant bodily injuries, then there is a possible enhancement of the sentence by three to five years in state prison. Great bodily injuries refer to injuries that are significant and cause prolonged or permanent impairment on the victim. For instance, if the victim's breast cuts off during the assault, ending up requiring an extensive suturing, this qualifies as significant bodily injuries.
Legal Defense for Sexual Battery
Having a criminal defense attorney to your aid means that one should consider relevant legal defenses to win your case. There are a couple of legal defenses that your attorney can use against the evidence presented against you. Some of the defenses that are ideal for such this kind of accusation include:
1. Consent
The main factor behind Penal Code 243.4 is the lack of consent from the alleged victim. Therefore, it can be a reasonable defense if you prove that the alleged victim permitted your sexual activity. Therefore, if the victim provides any comments, demeanor, or failed to object to your action, this might be considered as a form of consent. However, you need to be careful not to infer any intimidation, misrepresentation, or coercion as a form of consent. Besides, an unconscious person cannot consent to such actions or anyone under the influence of alcohol or any intoxicating drugs.
Also, if the defendant is involved in a deep sexual relationship with the alleged victim but at some point, decides to stop the sexual relationship and communicates with the partner, the party must cease from any petting or fondling. If the party fails to accept the withdrawal, this makes one guilty of sexual battery if one used any restraint during the assault.
2. Innocence
Innocence stands to be one of the most basic defenses that one can use in sexual battery cases. Your attorney will argue that you were not at the scene of the crime when it happened, and you were in a different location. This is known as presenting yourself as an alibi. In most cases, this kind of situation arises when your description matches the actual culprit. All you need to do is present evidence of your location during the offense. You should present evidence such as receipts, video footage, credit card bills, and GPS locations.
Presenting your DNA evidence can also accurately establish that you were not present at the scene of the crime. With such evidence, the court will conclude that you were misidentified as the perpetrator and do away with your charges.
3. False Accusation
Sometimes, accusers who allege to be sexually assaulted fake such accusations to have some form of gain. They might make such allegations to gain attention, seek revenge on ex-dating partners and spouses, extort funds, or gain an advantage in a child custody case. Also, some alleged victims might have some form of mental illness, resulting in such allegations. If all these factors are correct, then this legal defense might gain some leverage on the case.
4. Insufficient Evidence
It is quite hard to prove a case under Penal Code 243.4; the prosecutor has to prove beyond a reasonable doubt that you were involved in the sexual battery or else fail to win the case. Therefore, if there is no substantial evidence presented against you, your attorney can get your charges reduced or dismissed without taking the case to trial.
5. Lack of Sexual Intent
If you accidentally touched another person's intimate part against his or her will, and you did not intend to fill any sexual purpose, then you are not guilty of any sexual battery. For instance, if you get involved in a physical altercation and accidentally strike the intimate part of the other person, such a situation does not meet the requirements of a sexual battery.
6. Claim to be Mental Incapacitated
You can also claim to be mentally incapacitated at the time of the crime to remove the liability of your actions. However, your attorney should be able to accurately prove that you were mentally ill while committing the offense to make this legal defense valid. The court might be a bit lenient on you and disregard the case. The court understands that a mentally unsound person is not aware that a sexual battery is prescribed by the law and would end up ignoring the case.
Related Crimes to Sexual Battery
There are particular types of crimes that are related to sexual assault and carry more or less the same penalties as this crime. Such crimes include:
California Penal Code 261 PC – Rape
Rape is one of the severe cases under California Laws. Under Penal Code 261, it is an offense to have non-consensual intercourse with another person through fraud, force, or threats. There must be evidence of sexual intercourse to differentiate this crime with sexual battery.
Rape is considered a felony in California and carries a maximum imprisonment of eight years in state prison. There are possibilities of additional years of imprisonment if the crime involves severe bodily injuries or any other aggravating factors. This kind of crime is also considered as a strike under California's Three Strike Law.
California Penal Code 242 – Battery
Under California Penal Code 242, it is an offense to touch someone willfully in a harmful or offensive manner. This kind of crime applies whether the action was sexual or not. For instance, if you take another person's hand and place on your intimate parts, you have violated committed a battery rather than a sexual battery, assuming the other person did not voluntarily touch you.
This kind of crime is considered a misdemeanor and carries a maximum fine of $ 2,000 and a maximum of six months of county jail imprisonment.
Statute of Limitation for Sexual Battery in California
A statute of limitations provides a timeline that the prosecutor can use to bring a case to court. The time varies according to the matter at hand. For Penal Code 243.4 cases, the prosecutor has a one-year time limitation to bring the case to court if it is a misdemeanor case. For a felony case, the prosecutor has three years of time limitation to bring the matter to court.
Even though there is a specific timeline that the prosecutor must observe, there are particular situations that can lead to the tolling of the statute of limitations. Some of these factors include:
- The plaintiff was a minor when the offense was committed
- The plaintiff is mentally incapacitated and cannot bring the case to court
- The defendant is not physically available within a particular jurisdiction. In this case, the domain is the state of California
Tolling usually occurs under the statute provided for the specific case at hand based on the circumstances provided above. The tolling might also apply as an equitable tolling where the principle of common law applies to extend the time for filing the case.
What You Should Do and Avoid After a Sexual Battery Allegation
If you have been charged with sexual assault, the most crucial aspect to consider is contacting a criminal defense attorney. However, there are things that you should do first, which include:
- Gather all evidence related to the alleged victim and the circumstances at hand. Some of the things that you need to get hold of include objects, videos, photos and clothing
- Gather evidence that shows that you are not related to the incident. This includes letters, phone call records, emails, bank receipt and other things that show your location during the alleged sexual battery
- Make a list of all possible witnesses and any other person who has information about the incident, accusation, and the alleged victim. You should also collect contact information of the respective witnesses
All the material that you collect should be provided to the attorney to ensure that he or she makes a strong defense for your case.
Besides what you should do, there are particular things that you need to avoid while facing this kind of allegation. These considerations include:
- Avoid talking to the alleged victim or making any form of contact with him or her
- Talk to the investigators or law enforcement without the intervention of your attorney
- Ask or agree to testify with the idea that it is mandatory to do so. This includes undertaking a DNA test, giving evidence to the law enforcement without consulting your attorney and believing that giving evidence will prove your innocence.
Find a Los Angeles Criminal Defense Attorney Near Me
It can be frustrating and tiring to deal with sexual battery allegations. There are a lot of legal requirements needed to get a fair trial and win such a case. One cannot achieve that without the help of a criminal defense attorney. We at The Los Angeles Criminal Defense Attorney have the experience and resources needed to deal with sexual battery cases and other related offenses. Contact us at 310-564-2605 and consult one of our attorneys.
