Sexual battery is a serious criminal offense that California Penal Code 243.4 PC criminalizes. This crime refers to touching someone else’s intimate part(s) without their consent for sexual gratification, arousal, or abuse. The victim can be anyone, regardless of gender or age.
If you are facing charges of sexual battery in Pasadena, you need to understand the different types of charges, penalties, and defenses. You learn these by seeking legal counsel upon arrest for this crime. At Michele Ferroni Pasadena Criminal Attorney Law Firm, we have helped many sex crime suspects understand their charges and build solid defenses.
Thanks to our experienced attorneys, many suspects have had their PC 234.4 violation charges lowered or dismissed. You could speak to a reputable lawyer today and start the fight for your rights.
An Overview of Sexual Battery Charges in California
Under California law, there are two types of sexual battery charges:
- Misdemeanor charges. Misdemeanor sexual battery is charged when the act of touching is not committed with the use of force or violence. The penalty for a misdemeanor Sexual Battery charge is up to six months in jail and/or a fine of up to $2,000.
- Felony charges. You face a felony sexual battery charge when touching is committed with force or violence or if your victim cannot resist due to being unconscious or intoxicated. The possible penalty for this charge is up to four years in state prison and/or a fine of up to $10,000.
The penalties for sexual battery in California are severe, with long-term consequences that can affect your personal and professional life. In addition to jail time and fines, you may also face sex offender registration, making it difficult to find employment or housing. You may also face restraining orders and other court-ordered conditions that limit your freedom.
Several defenses can be used to fight a sexual battery charge in California. The most common defense is lack of intent, which means the defendant did not intend to touch the victim's intimate body part for sexual gratification, arousal, or abuse. Other defenses include mistaken identity, false accusations, and consent.
California Definition of Sexual Battery
Under California Penal Code 243.4 PC, sexual battery is defined as the intentional touching of an intimate body part of another person without their consent for the purpose of sexual arousal, gratification, or abuse. Sexual battery does not require sexual intercourse to occur, and it can include a wide range of acts that are sexual in nature.
For the court to convict you of sexual battery under PC 243.4, the following elements must be present:
- You intentionally touched an intimate part of the victim's body.
- Your touching was done for the purpose of sexual arousal, gratification, or abuse.
- The victim did not consent to your touching.
- You did not have the victim’s consent to touching.
The court could still convict you even if you have a sexual relationship with the accuser. Also, for a sexual battery charge to hold water, sexual intercourse does not have to occur. Any intentional touching of an intimate body part of another person without their consent for the purpose of sexual arousal, gratification, or abuse can be considered sexual battery under California Penal Code 243.4 PC.
Basic sexual battery is typically charged as a misdemeanor. However, if the act of touching was committed using force or violence, or if the victim could not resist due to being unconscious or intoxicated, then felony sexual battery charges may be filed.
Example. John attends a party where he meets Kate, who is heavily intoxicated. John proceeds to touch Kate’s breasts and genital area without her consent. This act would be considered sexual battery since Kate did not consent to the touching.
Example. A teacher engages in sexual touching with a student, even though the student initially consented. However, since the student is underage and incapable of legally consenting to sexual activity, this act would be considered sexual battery under California law.
Aggravated Forms of Sexual Assault
While sexual battery under California Penal Code 243.4 PC is generally a misdemeanor offense, it can be aggravated and charged as a felony under certain circumstances. The following instances are considered aggravated forms of sexual assault:
- Unlawful Restraint: If you restrained or prevented your victim from resisting the touching in any way, you could face a felony charge. Examples of unlawful restraint include using physical force, threats, or other means to prevent the victim from resisting the touching.
- Forced Masturbation: If you force the accuser to masturbate you or another person against their will, the prosecution could file a felony charge.
- Multiple Victims: If you sexually touch multiple victims, the offense can be charged as a felony.
Note that the aggravating factor does not have to be sexual in nature for the offense to be considered aggravated sexual battery. For example, if you force the plaintiff to touch his or her own private parts without touching them, this could still be considered sexual battery.
In such a scenario, you would still be touching the plaintiff for the purpose of sexual arousal or gratification, and the act would be non-consensual. Therefore, you could still be charged with sexual battery, regardless of whether or not you physically touched the plaintiff.
Legal Terms and Phrases Used in Sexual Battery Cases
Sexual battery cases can be complex and involve various legal terms and phrases. Common terms used in California sexual battery cases include the following:
- Touch - Under California Penal Code 4 PC, "touch" means any physical contact with the other person's body, whether or not through clothing. For example, grabbing someone's breast, touching their genitals, or even touching their leg can be considered "touch" under California Sexual Battery laws.
- Intimate Part - "Intimate part" refers to specific body parts considered private and intimate under Penal Code § 243.4 PC. These include the genitals, buttocks, and female breasts. Any touching of these intimate parts, whether over clothing or not, can constitute Sexual Battery under California law.
- Against the Will of the Other Person - In a Sexual Battery case, the act must be against the other person's will. This means that the other person did not consent to the touching or any other sexual act. If a person cannot consent due to age, mental state, or intoxication, it is also considered against their will.
- Sexual Abuse - Sexual Abuse refers to any non-consensual sexual touching or acts intended to arouse or gratify the defendant. The act's intent distinguishes it from other forms of physical contact. The defendant must have intended to sexually gratify or arouse themselves by touching the victim's intimate parts or forcing the victim to touch their own intimate parts.
- Unlawful Restraint.
One legal term often used in sexual battery cases is "unlawful restraint." This refers to the act of restricting another person's movement without their consent or legal justification. Unlawful restraint can take various forms, such as physically holding someone down, tying them up, or using drugs to incapacitate them.
In sexual battery cases, the prosecution must prove that the defendant used unlawful restraint to carry out the offense. For example, if you held the victim down while touching them inappropriately, this could be considered unlawful restraint. It is also possible for a victim to consent to the touching but not the unlawful restraint, which can make the act a crime.
An example of an unlawfully restrained scenario is someone holding another person against their will without legal justification. For instance, if someone forcefully restrains their partner during an argument, preventing them from leaving the room or the house, that would be considered unlawful restraint.
Certain groups of people do not break the law if they use their authority for a good reason and the restraint is lawful. For example, if a police officer detains a suspect with probable cause, the officer is not unlawfully restraining the person because they are doing so legally.
Example: A security guard restrains a shoplifter who was caught stealing from a store. The security guard has the lawful authority to detain the shoplifter for a reasonable time while waiting for the police to arrive. In this case, the restraint is lawful because it is done for a lawful purpose and within the security guard's authority. Therefore, the security guard is not unlawfully restraining the shoplifter.
-
Accomplice
Another term that can come up in sexual battery cases is "accomplice." This is a person who helps, encourages, or aids someone in the commission of a crime. In sexual battery cases, an accomplice could be someone who facilitates the crime, such as by providing drugs to incapacitate the victim or holding them down while the perpetrator touches them inappropriately.
If you are accused of sexual battery as an accomplice, you could face the same charges and penalties as the perpetrator. To defend yourself against the charges, you will need to prove that you did not intend to commit the crime or did not aid or encourage the perpetrator in any way.
Sentencing, Punishment, and Penalties for 243.4 PC Violations
Sexual battery is a "wobbler" crime in California, meaning it can be prosecuted as either a misdemeanor or a felony. The prosecutor will consider various factors to determine whether to file charges as a misdemeanor or a felony, including the severity of the offense, the defendant's criminal history, and whether the victim was a minor.
Misdemeanor Penalties for Sexual Battery
As explained above, misdemeanor sexual battery refers to touching an intimate part of someone else’s body without their consent. If charged as a misdemeanor, the punishment for sexual battery in California can include up to six months in county jail and/or a fine of up to $2,000.
Felony Penalties for Sexual Battery
Several factors mentioned above can elevate the crime of sexual battery to a felony offense, including:
- The use of force or violence.
- The commission of the crime during the commission of another crime, such as burglary.
- The victim is a minor.
If charged as a felony, the punishment for sexual battery can include up to four years in state prison and/or a fine of up to $10,000.
If aggravating factors are present, you could be required to register as a sex offender for a period of at least ten years. If your victim was a minor under 14, you could be required to register for life as a sex offender.
If the offense is not punishable by life imprisonment, you could be classified as a Tier 1 sex offender, which requires registration for a minimum of ten years. Reasons for classification as a Tier 1 sex offender include:
- Non-violent offenses.
- Offenses committed against a non-stranger.
- Offenses committed without a weapon.
- Offenses that did not involve multiple victims.
Can Sexual Battery Result in a Civil Lawsuit for Damages?
Sexual battery can result in criminal charges and a civil lawsuit for damages. While the state brings criminal charges to punish the offender, a civil lawsuit is brought by the victim to seek compensation for their harm.
A civil lawsuit is different from criminal charges in several ways, including:
- The burden of proof in a civil lawsuit is lower than in a criminal case.
- In a criminal case, the prosecution must prove the defendant's guilt beyond a reasonable doubt. In contrast, in a civil case, the plaintiff must prove their case by a preponderance of the evidence, meaning it is more likely than not that the defendant is responsible for the harm.
- If the plaintiff in a civil lawsuit is successful, they may be awarded damages, including compensation for medical expenses, lost wages, pain and suffering, and emotional distress.
Assembly Bill No. 453 Provisions
Assembly Bill No. 453, also known as the "stealthing" bill, was signed into law in California in 2021. This law makes it illegal to remove a condom during sexual intercourse without the knowledge and consent of the other person.
Stealthing, a form of sexual assault, can have serious physical and emotional consequences for the victim. Victims of stealthing may choose to pursue a civil lawsuit for damages and criminal charges. In a civil lawsuit for stealthing, the plaintiff must prove that:
- You engaged in the conduct.
- They did not consent to the conduct.
- Your conduct caused the plaintiff harm.
If the plaintiff is successful, they may be awarded damages, which can include compensation for medical expenses, therapy, and emotional distress.
Common Defenses to the Charge of Sexual Battery
If you have been accused of sexual battery, you should have a solid defense strategy. Below are some of the most common defenses that you can use to fight the charge:
The Victim Consented to Your Touch
Consent is an agreement between two people to engage in sexual activity, and it is considered a crucial factor in determining whether sexual battery occurred. If the touching or sexual activity in question was consensual, the court could not find you guilty of sexual battery.
Non-consensual touching is touching another person without permission or against their will. For example, if a person is asleep or unconscious, they cannot consent, and any touching occurring while they are in that state is considered non-consensual.
Insufficient Evidence
Prosecutors must prove beyond a reasonable doubt that you committed the crime. If the evidence is not solid, it is possible for you to be acquitted of the charge. If there is insufficient evidence to show that you violated the statute, the judge could dismiss your charges. This can happen if the prosecution cannot prove that you touched the alleged victim or if the evidence is circumstantial and unreliable.
False Allegations
False allegations of sexual battery are unfortunately not uncommon. It is easy to face prosecution because a sexual battery charge does not always require physical evidence. This means that someone could falsely accuse you of sexual battery, and without any hard evidence, you may still face prosecution.
People can falsely accuse others of sexual battery for various reasons, including anger, revenge, jealousy, or even financial gain. False allegations can ruin someone's reputation, lead to strained relationships, and even result in wrongful convictions. Working with a skilled defense attorney who can help you disprove false allegations is essential.
The false allegations defense often goes hand in hand with the insufficient evidence defense. When the prosecution cannot produce enough evidence to prove their case beyond a reasonable doubt, they may rely on the accuser's testimony. By showing that the accuser is not credible and has falsely accused you of sexual battery, you can help discredit the prosecution's case.
Under California law, falsely accusing someone else of sexual battery is a severe offense. Those who make such false allegations can face criminal charges themselves. If you believe you have been falsely accused of sexual battery, speaking with a knowledgeable defense attorney who can help protect your rights and defend your innocence is crucial.
Changes to Sexual Battery Laws Since January 1, 2017
Since January 1, 2017, there have been significant changes to sexual assault laws in California. One of the most notable changes was the passing of Assembly Bill 2888, also known as AB2888. This bill closed a legal loophole that allowed certain forms of sexual assault to be punished less severely than other forms. AB2888 also eliminated the possibility of probation or early release for those convicted of sexual assault on an unconscious or intoxicated person.
Another important change came in the form of AB701, which requires law enforcement agencies to follow strict protocols for handling rape kits. This bill aims to reduce the backlog of untested rape kits in California, a longstanding issue in the state.
These changes were largely in response to the infamous Brock Turner case, in which a Stanford University student was convicted of sexually assaulting an unconscious woman. The case garnered national attention and sparked outrage over the leniency of Turner's sentence. The changes to sexual assault laws in California since 2017 demonstrate a commitment to taking sexual assault and rape more seriously and holding perpetrators accountable for their actions.
Crimes Related to Sexual Battery
Sexual battery is a serious offense that violates a person's right to sexual autonomy and can cause long-lasting trauma. In addition to sexual battery, other offenses are related to the crime. These include:
California Penal Code 261, Rape Laws
Rape is one of the most severe sexual offenses under California law. Penal Code 261 (PC) defines rape as non-consensual sexual intercourse with another person. The statute lists several ways in which rape can occur, including when the victim is unconscious, intoxicated, or incapable of giving consent due to a mental or physical condition. Rape is a felony offense punishable by imprisonment for three, six, or eight years.
California Penal Code 242, Battery Laws
Battery is another related offense under California law. Penal Code 242 (PC) defines battery as the willful and unlawful use of force or violence on another person. This can include any unwanted touching or physical contact, including sexual contact. Battery is a misdemeanor offense that carries a maximum punishment of six months in county jail and/or a fine of up to $2,000.
Find a Defense Criminal Lawyer Near Me
Sexual battery is a serious offense in California with severe legal consequences. If you have been arrested or charged with sexual battery, it is essential to seek legal help from an experienced criminal defense attorney who understands the complex legal issues surrounding your case.
At Michele Ferroni Pasadena Criminal Attorney Law Firm, we will help you understand your legal options and guide you through the legal process. If you have been arrested in Pasadena, do not hesitate to contact our defense lawyer. We are well-versed in defending clients against sexual battery charges. Our experienced attorneys have the knowledge and experience to help you navigate the legal system and fight for your rights.
Remember, if you are facing charges of sexual battery, time is of the essence. Do not wait to seek legal help. Speak to our criminal defense lawyers today at 626-628-0564. You can have your case reviewed and a meeting scheduled to start building your defense.
