In California, merely touching the intimate parts of another person without their consent can result in sexual battery charges. A conviction of this sexual crime carries severe punishments especially if it is treated as a felony. Vista Criminal Attorney Law Firm defends people who are charged with sexual battery or any other sexual crime in Vista, CA and North County.

Understanding the California Sexual Battery Laws

Under PEN 243.4, sexual battery is the unlawful touching of another person’s intimate parts, such as breasts, buttocks, and groin, without their consent. The perpetrator should have the intention to satisfy their sexual needs or to sexually abuse the victim. The victim can be restrained or medically disabled. Further, the offender can use force, false pretense, or can be helped by an accomplice to sexually batter the victim or to force the victim to touch him/her for sexual satisfaction. This offense holds regardless of whether there was penetration of the sexual organs or not. Thus, merely touching another person’s intimate parts can land you into a sexual battery trial provided that the victim was not willing to take part in the act.

In relation to sexual battery laws, touching means physical contact between an offender and a victim. If a person touches another person and if there is direct contact of their bodies or when the contact is indirect through clothing. Therefore, sexual battery charges do not necessarily mean that the accused sexually penetrated the victim or achieved to gratify their sexual desires.

Elements of Sexual Battery Prosecutions

Touching another person’s intimate part, against the person’s will, for sexual abuse or arousal, are the basic elements that a prosecutor must show for sexual battery charges to hold. This kind of battery is considered a misdemeanor. PEN 243.4 further describes some elements that can result in a severe form of sexual battery (aggravated battery):

  1. Forcing another person to touch their intimate parts or your genitals. The use of force implies that the victim wasn’t willing to indulge in the act;

  2. Touching the intimate parts of a person undergoing institutional medication (or who is disabled) for sexual satisfaction. Persons under medication are considered to be unable to defend themselves, hence, prone to a sexual assault. Such persons are terminally ill, physically or mentally incapacitated/handicapped to resist such sexual advances. If due to this inability, you caress or touch the said person with the aim of sexual arousal, you would be violating the law. Alternatively, you could face charges for both sexual assault and battery;

  3. Falsely/deceitful presentation using pretense to sexually touch someone’s intimate parts. Pretense occurs when the perpetrator fakes a situation to have access to the victim’s private parts – the perpetrator positively presents themselves in a way that the victim thinks whatever was being done was of benefit to them. In this regard, professionals such as doctors can face sexual battery charges. For instance, in medical fields, doctors may occasionally pretend to offer medical help to the patient (victim) by touching them in a sexual manner;

  4. Touching an individual that is restrained. This occurs in cases such as the kidnapping of the victim, handcuffing or tying the victim, and the victim is unable to move and defend themselves. Restraining indicates that one is enclosed against their will, therefore, they cannot consent to the act.

The above elements imply that sexual battery charges hold if the victim did not consent. Apart from medically incapacitated, physically disabled, and restrained people, the law considers minors below the age of 15 to be unable to consent to a sexual act. Besides, intoxicated people are considered unable to consent. The implication of consent restrictions is that an innocent person can get themselves charged with a sexual battery even if their intention was not to break the law. Thus, an attorney who understands all the laws on sexual crimes, specifically sexual assault, and battery laws, will help you if you are charged with the offense.

Is There a Difference between Sexual Abuse and Sexual Battery?

Sexual battery differs from sexual abuse although there are possibilities that both crimes can be charged interchangeably. Sexual battery results from real physical contact or contact through the cloth to the private parts of a person whereas sexual assault results from the commitment of any sexual act causing injuries to the victim. In simple terms, sexual battery is a form of sexual assault (sometimes, PEN 243.4 is referred to as sexual assault laws or sexual battery laws interchangeably). However, one can possibly commit a sexual battery without assault.

What is the Difference between Misdemeanor and Felony Sexual Battery?

PEN 243.4 PC offense is a wobbler. The elements that prosecutors use to prove sexual battery charges are dependent on the severity of the offense, which determines the wobbler status of the offense. The defendant is convicted of a misdemeanor battery if they, beyond reasonable doubts, touched the private parts of the victim, or forced them to touch their private parts for sexual arousal, abuse, or gratification; and while touching, the victim didn’t consent to the act. Misdemeanor sexual battery does not entail bare skin touches; the touch can be through clothing.

For a felony sexual battery, it must be confirmed that the defendant: restrained the victim unlawfully and touched their intimate part(s) while they were still restrained, and/or forced them to touch the defendant’s intimate part(s) with the sole purpose of sexual arousal, abuse or gratification. Additionally, there must be direct contact between the defendant and the victim bodies.

Penalties rendered to defendants for the violation of penal code 243.4 sexual battery takes into consideration the circumstances under which the act took place and how severe the act was. This considerations then classifies the crime as either misdemeanor or felony charges. In addition, the law requires that proper and thorough investigation be carried out in order to support the evidence presented by the prosecutor.

Penalties for Misdemeanor Sexual Battery

A misdemeanor sexual battery conviction carries a maximum of six months in county jail and a maximum fine of $2000. If the defendant was an employer of the victim, a maximum fine of $3,000 is imposed. The court can also impose summary probation for a maximum of five years. During the probation period, the offender may complete sexual abuse or compulsion classes, perform community service, and/or complete a batterer’s education program. Besides, the person may be required to register as a tier one sex offender as per PEN 290; the person would remain a registered sex offender for at least ten years.

Penalties for Felony Sexual Battery

If the offense involves aggravating factors, felony penalties apply. Note that it is under the prosecutor’s discretion to determine whether to file the case as a misdemeanor or felony, even when there are aggravating factors. This means that the offense is a wobbler whenever there is at least one aggravating factor. The penalties, if charged as a misdemeanor, will carry the above misdemeanor sexual battery penalties, except that the jail term would increase to a maximum of one year.

If there is an aggravating factor and the prosecutor chooses to file the case as a felony, the potential sentence is a state imprisonment of two, three, or four years with a fine of up to $10,000 and a court order probation under supervision. If the victim sustained significant bodily injury, an additional sentence of three to five years would apply. A lifetime registration as a tier three sex offender may also apply. 

Related Offenses to Sexual Battery

The most common offenses related to PC 243.4 sexual battery are battery under Penal Code 242 and rape. However, a person could also face charges for lewd acts with a minor, oral copulation, and other sex crimes.

Lewd acts with a minor

If any individual touches the private parts of a minor under the age of fifteen years for the purposes of sexual arousal, gratification, or abuse, they are liable to charges under penal code 288 lewd acts laws. The maximum penalties for such a crime depend on the nature of the act, the victim’s age, and the relationship between the defendant and the victim. If you are charged with sexual battery, there is a likelihood that you also face lewd acts with minor charges.

Rape

This sexual offense is codified under penal code 261 and is defined as the non-consensual engagement of sexual intercourse between two individuals. This offense is punishable regardless of the slightness of penetration or whether no ejaculation was involved. Lack of consent is a critical element in the proof of any rape case. Lack of consent arises when the defendant used threat or force, thus, the victim could not consent to the act. If at least one party involved in the act was a minor, then statutory rape charges would apply (regardless of whether the minor consented or initiated the act). Similarly, spousal rape charges would apply if the two parties are spouses.

Oral Copulation

Under penal code 288(a), oral copulation with a minor entails instances when a person performs oral sex with a person that is under 18 years. Surprisingly, you can be charged with oral copulation with a minor even if the act was consensual. This means that this offense relates to the general sexual acts with a minor under the statutory rape laws, which forbids sex with a minor.

If the minor is mentally disabled, intoxicated, or a person used fear, the offense could be charged as oral copulation by force or fear.

The offense can be punished as a misdemeanor or a felony. If charged as a misdemeanor, the sentences include up to a year in county jail. Felony sentence entails state imprisonment for 16 months, two years, or three years. If the minor is under 14 years and the perpetrator is at least ten years older than the victim, the possible penalties for oral copulation are a sentence of three, six or eight years in state prison. An oral copulation conviction also requires that the convict registers as a sex offender.

The Registration as a Sex Offender under PEN Code 290 PC

The harshest punishment upon a sexual battery conviction – on top of the above penalties – is the mandatory sex offender registration. This registration is for a lifetime and requires the defendant to annually disclose their credentials such as addresses of their homes and workplaces, and other information that identifies them at any local agency that enforces the law. If the defendant is homeless, they are needed to register and visit the agency every after thirty or ninety days.

Consequently, before the offender can move out of California, the statute requires that they report to law enforcement officers and, mostly, their possibilities of moving out of the state are limited. If the defendant is a non-California citizen, they are required to register in their own states but if they wish to move to California, the must register as sex offenders in California. Also, the statute requires that students in learning institutions who are convicted of a sexual crime either in California or other states to register with the security officers as sex offenders.

The information registered for a sex offender is then publicized on the California Megan Law website. The website provides all details of registered offenders in California. But a criminal defense attorney may help in the removal of the name from the Megan law site and dismissal of the requirement of sex offender registration.

After a sex offender registration, the law demands that the defendant report to the law agency before the end of the fifth day of their birthday. Failure to do that implies that the defendant is committing an additional offense. Within their registry, people who are required to report to the security personnel about their pending case but fails are classified as ‘continuing crime’. Thus, further penalties can be enforced due to a violation of penal code 290 PC.

Defenses for Sexual Battery

If you are facing sexual battery charges, your criminal defense attorney can use any of the following strategies to argue out in your defense:

  1. The victim consented. An attorney would argue that you performed the sexual act after consent from the alleged victim. For example, this argument would be effective if you had an intimate partnership with the alleged victim. If a disagreement arises after the act and the victim uses this as evidence for sexual battery, the evidence that the supposed victim consented is enough to refute the prosecutors ‘lack of consent’ proof.

  2. The evidence presented is insufficient. An attorney may argue that the pieces of evidence filed by the prosecutor are not enough to confirm that, indeed, the defendant violated the sexual battery laws. A conviction for serious crimes such as sexual battery requires that the prosecutors gather enough evidence to substantiate the allegations. Thus, the defense team can challenge the validity of the evidence presented by the prosecutor, and possibly, convince the judge to drop the charges. However, in cases where the evidence is sufficient, a defense attorney can request for bail in order to re-strategize on how to defend the charges.

  3. Non-sexual touch. A person is convicted of a sexual battery crime only if the touch was sexual. A defense attorney may argue that the touch did not imply a sexual act; For instance, the defendant touched the intimate parts of the victim but their aim was not for sexual arousal, gratification, or abuse. As an example, he/she got into a physical altercation with the alleged victim and inadvertently struck their intimate part, which does not meet the requirement for a sexual battery conviction.

  4. False accusations. This defense strategy would be effective: (a) if the victim was mentally incapacitated, (b) if the victim wanted to revenge, (c) if the defendant was intoxicated or there was a misunderstanding between the defendant and the victim, (d) if there are no eyewitnesses or recorded evidence to show that the suspect committed a sexual battery. The defense attorney can use any of these instances to prove that the alleged perpetrator is falsely accused, thus, he/she is not liable to a sexual battery conviction.

  5. Mistaken identity. At times, a sexual battery perpetrator can wear a face mask or any clothing that would obscure their identities. Although the victim was assaulted and filed a sexual battery complain, the fact that the perpetrator’s identity was obscured is sufficient to prove that the alleged suspect was mistakenly identified. If the court drops the charges because of mistaken identity, there would be no justice to both the victim and the real offender; but a person should not carry the burden of a criminal conviction if they didn’t commit an offense.

Find Legal Representation Near Me

California sexual battery penalties are always harsh, which include a requirement for a sex offender registration. Finding a criminal defense attorney to handle the accusations is a valuable asset because not only  would your charges have a greater potential to be dismissed or reduced, but also your reputation and freedom will have a greater chance of being saved. At Vista Criminal Attorney Law Firm, we provide legal representation for people charged with sexual battery in the Vista, CA and North County areas. Call our Vista Criminal Lawyer at 760-691-1551 for consultation and profound legal representation.