Sexual Battery

California Penal Code 243.4 PC defines “sexual battery” as the non-consensual touching of someone’s intimate parts, typically for sexual pleasure, arousal, or to cause harm. This is a serious charge, whether it is classified as a felony or a misdemeanor. Being accused of this offense can lead to certain repercussions, including jail time and mandatory registration as a sex offender. If you are a professional, these allegations can also lead to the suspension and revocation of your professional license, which can severely impact your reputation and career.

At Desert Defense Lawyers, we understand Penal Code 243.4 and other relevant sections of the California Penal Code on sexual battery cases. We have a proven track record of handling such cases in Palm Desert and the surrounding areas. Contact our law firm today for more information about fighting sexual battery charges or to schedule a free legal consultation regarding your case.

The Legal Definition of “Sexual Battery” in California

California Penal Code (PC) Section 243.4 prohibits and imposes penalties for sexual battery. PC 243.4 forbids any person from touching someone else’s “intimate part” for sexual arousal or gratification or with the deliberate intent to abuse.

Sexual battery involves any form of unlawful or unwelcome physical contact of a sexual nature. Different acts can be charged as sexual battery under this Penal Code. They include:

Committing sexual battery while the victim has been restrained: Penal Code 243.4 (a) addresses sexual battery committed against a forcibly restrained person without their consent.
Sexual battery against disabled persons: Penal Code 243.4 (b) covers sexual battery offenses against individuals who have been institutionalized for medical purposes or against people who are medically disabled or medically incapacitated
Sexual battery committed under pretenses: PC 243.4 (c) addresses cases where sexual battery is perpetrated using misrepresentation or fraud, and the victim is unconscious while the act is being perpetrated. This can happen when a medical professional uses a physical exam as a pretext for unlawful sexual contact.
Sexual battery perpetrated by coercing the victim to touch: Penal Code 243.4 (d) addresses sexual battery acts done by coercing a forcefully restrained, institutionalized, or physically or mentally disabled victim into engaging in unwanted sexual acts, including masturbation or touching oneself, the offender(s), or others without consent
“Ordinary” sexual battery: PC 243.4 (e) addresses general sexual battery, while the four subsections mentioned above address specific and rather more unusual or aggravated forms of sexual battery. This subsection can be characterized by the lack of restraint used by the accused and its classification as a misdemeanor offense.

The Difference Between Sexual Battery and Other Related Sex Crimes

Sexual battery is often mistaken for other offenses, such as sexual molestation or rape; however, it is a distinct criminal act.

Rape and sexual assault: These refer to acts that usually involve actual or attempted penetration. These acts require evidence of the act, which goes beyond unwanted contact. Rape is defined as penetrating any part of the body using an object or sexual organ without the victim’s consent, regardless of the degree of penetration.
Sexual battery versus sexual assault: Sexual assault encompasses a broader range of acts that may not involve physical contact with the victim’s private parts, such as attempted rape. Sexual battery, however, specifically refers to physically touching the victim’s intimate parts for sexual gratification.

What the Prosecutor Must Prove in a Sexual Battery Case

To secure a conviction for a sexual battery offense, the prosecutor must prove beyond a reasonable doubt various essential elements of the crime. Each category of sexual battery requires establishing distinct and specific elements. Elements of aPC 243.4 (e) violation are:

You made physical contact with another person’s “intimate part”
The contact was against the victim’s will
You acted for sexual gratification or to abuse the victim deliberately

To establish that sexual battery happened while the victim was restrained, as defined by Penal Code 243.4 (a) or (d), the prosecutor must prove:

You unlawfully restrained the victim or used force during the act of sexual abuse
You made non-consensual sexual contact with the victim’s intimate parts while the victim was restrained or forced the victim to touch themselves or another person while restrained
The sexual contact violated the victim’s consent
The contact was performed for sexual gratification or abusive purposes

To establish sexual battery against a physically or mentally disabled or institutionalized individual, as defined by Penal Code 243.4 (b) or (d), the prosecutor must provide irrefutable evidence for the following:

The victim had a mental or physical impairment or was confined to an institution due to medical circumstances, typically within a hospital environment
The defendant engaged in sexual contact with the victim, either through direct physical contact or by coercing the victim to participate in sexual contact
The alleged victim did not consent to the sexual touching
The contact was initiated either for sexual gratification or to perpetrate sexual abuse

To demonstrate sexual battery under pretense under Penal Code 243.4 (c), the prosecutor must prove:

The accused made physical contact with the victim’s private area
The physical contact was initiated to seek sexual pleasure, arousal, or abuse
The offender employed tactics such as deception, fraud, or pretense, like posing as a doctor conducting an examination, to have sexual contact with the victim
The alleged victim was unaware, at that moment, of the sexual connotation of the physical contact. The “consent” was solely granted for an act of a different nature

Distinguishing Between Felony and Misdemeanor Sexual Battery

Sexual battery in California is a wobbler. So, it can be charged as either a felony or a misdemeanor, depending on the case details or your criminal history.

In misdemeanors, “touching” includes any physical contact, even through clothing, intended for sexual abuse or gratification. A misdemeanor sexual battery charge can stand even if there was no successful attempt to cause sexual gratification or arousal and no actual injury to the victim occurred.

Below are several instances of sexual assault that may potentially be classified as misdemeanors:

Non-consensual touching of another person’s buttocks
Groping a woman’s breast without her consent
Any relatively less severe sexual battery not classified as a felony

In cases of felony-level sexual battery, the contact must occur directly on exposed skin. This means there needs to be actual contact between the offender and the alleged victim or between the victim and another person. The term “intimate part” in the context of a felony conviction refers specifically to the female or male sex organs, the anus, the buttocks, or female breasts.

Felony sexual battery encompasses various acts, including:

Performing the act by unlawfully restraining the victim
Sexual battery perpetrated against physically disabled or incapacitated individuals
Forcing a victim to engage in self-stimulation or sexually touching themselves or an accomplice
Deceiving a mentally disabled or institutionalized individual to commit the act
Psychologists coercing patients into sexual contact as part of “therapy”
When medical professionals manipulate patients into sexual contact under the guise of examinations

It is important to understand that engaging in sexual battery against a minor (someone under 18) with a previous felony conviction will result in a felony charge. The penalties for misdemeanor versus felony sexual assault convictions differ significantly.

Potential Penalties in California for Sexual Battery

Sexual battery, as a misdemeanor under Penal Code 243.4, carries the following penalties:

A maximum sentence of 6 months in county jail, extendable to 12 months in severe cases
A fine of up to $2,000, or $3,000 if the victim is an employee under your supervision
Mandatory lifetime registration as a sex offender under Penal Code 290
Informal or “summary” probation for up to 5 years, which may include:

Community service
Completion of a batterer’s education program
Completion of a program for individuals struggling with sexual abuse or compulsive issues

Prosecutors can charge sexual battery as a misdemeanor, even if the act had aggravating elements. However, this maximum jail term will be one year.

Felony sexual battery under Penal Code 243.4 carries the following penalties in California:

A prison sentence of two to four years in state prison. If the victim suffers severe physical injury, an additional prison term of three to five years may be imposed
A fine of up to $10,000
Mandatory lifetime registration as a sex offender under Penal Code 290
Felony or formal probation

Registration of Sex Offenders Under California Penal Code 290

According to Penal Code 290, individuals charged with sex crimes, including misdemeanor and felony sexual battery under Penal Code 243.4, must register as sex offenders with the state.

Dealing with the long-term consequences of a sexual battery conviction is undeniably one of the most challenging aspects since it has lasting effects. You should keep your information up to date in case you move or if any relevant details change to avoid facing additional penalties.

When you register, you must give local authorities your current residence, workplace, and other information. This information needs to be updated annually. If you do not have a permanent address and are considered transient, you must update your information every 30 to 90 days. College students must register as offenders with campus police in addition to registering with local county or city police.

If you are planning to move to California and are currently a registered sex offender in your state, you will likely need to register in California, too. Similarly, if you are a registered sex offender in California moving to another state, your status will probably transfer.

These requirements are burdensome, but the most unfavorable aspect is the potential exposure of your status and information on the “Megan’s Law” state website. Regardless of your location, people can easily find information about your past if they want to and know how to search.

The Role of Consent in Sexual Battery Cases

Consent is pivotal in shaping defense and prosecution strategies and often becomes the central focus of legal arguments. California Penal Code 261.6 defines what consent means and why it is important in sex crime cases.

In sexual battery cases, the prosecution needs to prove that the sexual act happened without the victim’s consent to secure a conviction. However, consent can also be used as a defense in some cases. The case’s outcome could depend on whether the prosecution can or cannot prove beyond a reasonable doubt that the victim gave their consent.

The Significance of Consent

Under Penal Code 261.6, consent refers to an individual’s deliberate and voluntary agreement to participate in a specific sexual act. Consent must be informed, meaning the individual understands the action’s purpose. It must be voluntary, free from coercion or influence from substances like alcohol or drugs. Additionally, consent should be continuous and ongoing, allowing for withdrawal at any point during the activity.

Legal Ramifications of Consent

The absence or presence of consent can significantly impact the course of a sexual battery case.

Establishing consent: Consent is established when it is proven that the alleged victim willingly and knowingly agreed to the contact, including the specific actions involved. In such cases, the charges may be dismissed
Difficulties in establishing consent: Proving consent in a legal setting can be complex, especially when there are no witnesses besides the individuals involved. The parties’ credibility, the consistency of their statements, and any physical evidence become crucial factors.

Common Defense Strategies Against Sexual Battery Charges

Even though every sexual battery case is unique, your defense attorney will guide you in choosing the best defense for your circumstances. Some commonly used defenses for a Penal Code 243.4 allegation include:

The Alleged Victim Willingly Gave Consent

It is not unusual for someone who has willingly participated in consensual sexual contact to make a sexual battery accusation later. This might be an act of revenge against a previous partner, a means of protecting one’s reputation by convincing friends and family that the encounter was not consensual, or it might have been premeditated. If the physical contact is consensual, or if you reasonably believe it to be, then you have not committed sexual battery in California.

No Sexual Contact Occurred

Your criminal defense attorney can successfully show that any physical contact was either non-sexual or unintentional, such as when the act happened when you accidentally brushed against someone’s buttocks in a crowd.

Moreover, given the lack of concrete evidence, there may not be enough conclusive proof to support a sexual battery accusation beyond a reasonable doubt.

You Were Wrongly Implicated

Throughout our extensive careers as defense attorneys, we frequently witness innocent individuals having their lives disrupted by false accusations of sexual misconduct. Since sexual battery accusations do not require evidence of physical harm, it is easy to accuse someone without concrete evidence.

Thankfully, there are many ways to question the credibility of the accuser and show that their motives may come from jealousy, anger, revenge, or an effort to manipulate child custody disputes. By conducting a detailed investigation before the trial, we can often collect enough evidence to demonstrate the accuser’s dishonesty and persuade the District Attorney to drop the case without going to trial.

Insufficient Evidence

An unfounded allegation, mistaken identity, or a weak case relying on hearsay may lack the necessary evidence to meet the “beyond all reasonable doubt” standard. In such circumstances, a skilled criminal defense attorney will likely have the charges against you successfully dismissed.

Can an Alleged Victim Sue You For Sexual Battery?

If someone accuses you of sexual battery, they can take you to civil court to try to get compensation for any harm they have experienced, including emotional distress. This civil lawsuit differs from any criminal charges that might be filed against you.

California has outlawed “stealthing,” which is the act of removing a condom during sexual intercourse without verbal consent from one’s partner. This act is also considered sexual battery. Victims of stealthing who suffer harm or injuries can file a civil lawsuit against the perpetrator.

What Proof Is Most Important in Defending Against Sexual Battery Charges?

When defending yourself against accusations of sexual battery, it’s important to gather evidence like text messages, witness statements, security camera footage, and recordings of any conversations. These can help show what happened and whether there was consent.

What You Should Do After Being Charged with Sexual Battery

If you have been accused of sexual battery in California, here is what you should do:

Keep the details of your case private and only talk about them with your lawyer.
Write down everything you remember about the situation and keep track of any communications or documents related to the case
Get in touch with a skilled criminal defense attorney who has experience with sexual battery cases to explore your options and get the support you need

Contact a Sex Crimes Defense Attorney Near Me

Facing a sexual battery charge in California can have lasting consequences on your personal and professional life. Therefore, you want to seek legal representation.

If you or a loved one is being investigated or has been charged with sexual battery in Palm Desert, you can contact the Desert Defense Lawyers to protect your rights. Our attorneys have decades of combined experience in sex crimes defense expertise.

We pride ourselves on having the expertise to secure dismissals, acquittals, or reduced charges/sentences and building strong defense strategies. Contact our criminal law firm at 888-293-0396 to speak with a sex crimes attorney.