Under California Penal Code 243.4 PC, sexual battery is defined as the intentional and unwanted touching of an intimate part of another individual for sexual arousal, gratification, or abuse. The law takes this offense seriously, and being charged with sexual battery can have severe consequences. Understanding the types of charges, potential penalties, available defenses, and the importance of seeking legal counsel is crucial for those facing such allegations. Contact the California Criminal Lawyer Group should you or a loved one face sexual battery charges in Fresno.

Sexual Battery Overview

Penal Code 243.4’s definition of sexual battery provides the elements prosecutors must prove to secure a conviction. To ensure a conviction in a sexual battery case, prosecutors in California must typically demonstrate the following elements:

  • Unwanted touching — They must demonstrate that the defendant intentionally and unlawfully touched the intimate body part of another person.
  • Lack of consent — They must establish that the touching occurred without the alleged victim's consent. Consent refers to freely given, knowledgeable, and voluntary agreement by a competent person.
  • Sexual intent — They must show that the defendant touched the victim's intimate body part for sexual arousal, sexual gratification, or sexual abuse.

Note: Sexual battery is also referred to as sexual assault.

Let us look at each element in detail.

Touch

 Touch refers to any physical contact, no matter how slight, with an intimate body part of another person. It includes direct physical contact as well as contact made through the use of an object or instrument. The touch does not need to be forceful or cause injury to qualify as sexual battery. Even brief and subtle touching can meet the legal definition.

The touch can be either direct or indirect. Direct touching refers to physical contact made directly with an intimate body part of another person. Indirect touching, on the other hand, refers to a touch made through an object or instrument.

Touching through clothing can potentially count as sexual battery under California law. The key factor is whether touching an intimate body part, even through clothing, is intentional, unwanted, and done for sexual arousal, gratification, or abuse.

If the touch was accidental, it could be a valid defense in a sexual battery case. Accidental touching means that the physical contact was unintentional and lacked sexual intent.

Intimate Part

 In California, an "intimate part" refers to private areas connected to a person's sexual anatomy, including genitals, buttocks, anus, breasts, or other clothed areas associated with intimacy.

Against the Victim’s Will

 Against the other person's will means that the touching must occur without the consent or permission of the alleged victim. Consent refers to the voluntary and knowledgeable agreement of a competent person who has the capacity to give consent. If the touching is done against the other person's will, it indicates that the individual did not agree to the act and did not willingly participate in or agree to the sexual contact.

Individuals who cannot legally consent due to age or other circumstances are protected under the law. Engaging in any sexual activity with someone incapable of giving legal consent, for example, a minor or someone who lacks the mental capacity to understand the nature and consequences of the act, can result in sexual battery charges.

If a person fraudulently represents that the touching serves a professional reason, it can negate the consent given by the victim. Consent requires a genuine understanding of the nature of the act to which an individual is consenting. If a person has been misled or deceived and, as a result, does not fully comprehend the true nature of the action, their consent could be invalidated. This can potentially lead to charges of sexual battery, even if the victim initially appeared to consent.

Sexual Abuse

 Sexual battery cases revolve around the explicit intention to inflict "sexual abuse," which encompasses causing:

  • Injury
  • Harm
  • Humiliation
  • Intimidation, or
  • Pain to the victim's intimate body parts.

Any sexual touching driven by this intent constitutes sexual battery, regardless of whether the perpetrator sought personal sexual pleasure or gratification.

Unlawful Restraint

 Under California law, "unlawful restraint" refers to the intentional and unlawful confinement, restriction, or limitation of another person's movement or freedom without their consent. It involves exerting physical force, intimidation, threats, or any other means to prevent the victim from freely moving or escaping from a particular location or situation.

Unlawful restraint can be a relevant factor in establishing the elements of sexual battery, particularly if it contributes to the non-consensual nature of the sexual act.

Note: If a person exercises legal authority for a valid purpose, the restraint is not considered unlawful as long as it stays within the legal boundaries.

Accomplice

 If you act as an accomplice or aid and abet a crime, you can be prosecuted and receive comparable penalties as the principal offender.

In sexual battery cases, being an accomplice entails knowingly assisting someone involved in criminal conduct and intending to aid, promote, facilitate, instigate, or encourage the sexual assault. Participating in a criminal conspiracy to commit sexual battery also classifies you as an accomplice to the crime.

A criminal conspiracy to commit sexual battery refers to an agreement or joint effort between two or more individuals to engage in the act of sexual battery. In this context, the individuals involved conspire or plan to commit the offense together, sharing the intention to carry out the sexual battery. The conspiracy could involve coordination, communication, and collaboration to facilitate the commission of the sexual battery.

Penalties Upon Conviction of Sexual Battery

Sexual battery is a wobbler offense. Prosecutors can pursue misdemeanor or felony charges, depending on the facts of the case.

Misdemeanor Penalties

If you are convicted of misdemeanor charges without aggravating factors, you could face:

  • Up to 6 months in county jail.
  • A maximum fine of $2,000, or $3,000, if the alleged victim was your employee.
  • Summary or informal probation for up to five (5) years, which could include:
  1. Community service.
  2. Completion of a batterer's education program and/or
  3. A program tailored to help individuals with sexual abuse or compulsion issues.
  • Registration as a Tier I sex offender per PC 290. The registration remains in effect for a minimum of 10 years.

Felony Penalties

 Sexual battery is typically classified as a misdemeanor offense but can be elevated to a felony when certain aggravating factors exist. These factors include:

  • A victim being institutionalized for medical treatment and experiencing serious disability or medical incapacitation.
  • Unlawful restraint of the victim.
  • A victim's unawareness of the act's nature due to your fraudulent representation that the touching serves a professional purpose.
  • Under any of the circumstances above, force the victim to engage in masturbation or touch your, an accomplice, or another person's intimate parts. It is important to note that this scenario is unique, as California recognizes sexual battery. even if the complainant is compelled to touch the perpetrator's intimate parts instead of the other way around.

Convictions result in the following penalties:

  • Felony or formal probation.
  • A prison sentence for 2, 3, or 4 years.
  • Additional prison terms of 3 to 5 years if the victim sustains significant bodily harm.
  • A fine of up to $10,000.
  • Registration as a Tier 3 sex offender for life.

Fighting Sexual Battery Charges

With the help of your defense attorney, you can raise a defense that best challenges the prosecution’s case. It should result in the best legal outcome. Here is a look at some common defense strategies in sexual battery cases.

     a) Consent from the Alleged Victim

The defense of consent argues that the alleged victim willingly and voluntarily agreed to engage in sexual contact or activity. It asserts that no force, coercion, or lack of consent was involved in the encounter. However, remember that the alleged victim’s consent must be freely given and obtained without manipulation, fraud, or incapacity.

Proving consent in a sexual battery case can be challenging. It often involves the credibility and subjective understanding of the parties involved. Here are some general considerations:

  • Communication — Look for any evidence of explicit verbal or non-verbal communication indicating consent. This can include clear statements, affirmative responses, or enthusiastic participation.
  • Capacity — The alleged victim should have had the legal capacity to do so at the time of the alleged offense. You can provide relevant medical or legal documents to show that the alleged victim was of legal age, mentally competent, and not under the influence of drugs or alcohol that impairs their ability to make decisions.
  • Context — Demonstrate to the jury the context in which the alleged sexual activity took place. Provide indications that the alleged victim engaged in consensual behavior willingly and without any signs of coercion, fear, or distress.
  • Prior Relationship — If a pre-existing relationship exists between the parties, evidence of a history of consensual sexual activity or ongoing romantic involvement can support the consent argument.
  • Witnesses — If witnesses were present during the alleged incident, their testimonies or observations would be relevant to establishing consent. However, respecting the privacy and confidentiality of all parties involved is paramount.
  • Documentation — Any written communications, text messages, emails, or other forms of documented evidence that show explicit consent can be beneficial in establishing a defense based on consent.
  • Expert testimony — In some cases, expert witnesses, for example, psychologists or medical professionals, could provide insights into the understanding of consent and the behavior exhibited by the parties involved.

     b) Lack of Intent

Under this defense, you will assert that you did not have the intention to commit sexual battery. Here are some key points related to the defense of lack of intent:

  • Lack of knowledge or awareness — Your attorney could assert that you were unaware that your actions constituted sexual battery or that you mistakenly believed you had the necessary consent.
  • Absence of willful conduct — It can be claimed that the alleged sexual contact resulted from inadvertent actions without any deliberate intent to engage in a sexual battery.
  • Misinterpretation or miscommunication — You could also argue that the alleged victim misinterpreted your actions or signals, leading to a misunderstanding about consent.
  • Evidence contradicting intent — Your attorney could present evidence, including witness statements, electronic communications, or prior interactions, supporting your claim that you lacked the specific intent to commit sexual battery.

The viability and effectiveness of this defense vary depending on the evidence available.

     c) False Accusation

When facing false accusations, it is crucial to assert your innocence. You achieve this by identifying inconsistencies, contradictions, or changes in the alleged victim's statements or testimonies. Your defense attorney will emphasize these discrepancies to challenge the accuser's credibility. Your attorney could use any of the following approaches while asserting this defense:

  • You must establish a motive for the false accusation to strengthen your defense. Your attorney will present evidence or arguments indicating that the alleged victim has personal animosity, jealousy, revenge, or other ulterior motives to fabricate the allegations.
  • A lack of substantial evidence supporting the accusations can also raise doubts about their truthfulness. Your defense can argue that the absence of corroborating evidence undermines the credibility of the accuser's claims.
  • Witness testimonies or other evidence that contradicts the allegations or supports an alternative version of events can significantly impact your case. Your defense team will work to gather this evidence to cast doubt on the accuser's credibility.
  • Character evidence also plays a crucial role in challenging false accusations. Your defense could present evidence of your good character, reputation, or prior conduct to demonstrate that the allegations are inconsistent with your character.
  • If there were investigative flaws or misconduct while handling the case, your defense would raise these issues to undermine the credibility of the accusations. Any faults or misconduct can weaken the prosecution's case against you.

Work closely with an experienced attorney. He/she will investigate the facts of your case and build a strong defense strategy tailored to your specific circumstances.

     d) Mistaken Identity

In some cases, you could be mistakenly identified as the perpetrator of sexual misconduct. If so, asserting mistaken identity is the appropriate defense. Your attorney will argue that you have been wrongly identified as the perpetrator of the sexual battery. He/she can use any of the following approaches:

  • Alibi — Your defense attorney will present evidence or witnesses to establish that you were elsewhere when the alleged sexual battery occurred, providing an alibi that contradicts your involvement.
  • Eyewitness testimony — If there are eyewitnesses who can attest to your presence at a different location or identify someone else as the perpetrator, their testimonies can be crucial in supporting the defense of mistaken identity.
  • Inadequate identification procedures — Your defense could challenge the reliability of the identification process, for example, suggesting that the alleged victim's identification was influenced by suggestive lineups or flawed procedures, leading to mistaken identification.
  • Physical description discrepancies — If there are inconsistencies between the alleged victim's description of the perpetrator and your physical appearance, your defense will emphasize these discrepancies to cast doubt on the accuracy of the identification.
  • Surveillance footage or forensic evidence — Your attorney could explore the possibility of obtaining surveillance footage or other forensic evidence that could exonerate you or support the defense of mistaken identity.
  • Expert witnesses — Your defense team could consult expert witnesses, for example, forensic experts or psychologists specializing in eyewitness identification, to testify about the unreliability of identifications and the potential for mistaken identity.

     e) Lack of Evidence

You can also challenge the prosecution’s case by asserting the lack of evidence. This defense strategy is applicable in various scenarios within a sexual battery case. Some instances where this defense could arise include:

  • When there is an absence of physical or forensic evidence that directly connects you to the alleged sexual battery, weakening the prosecution's case.
  • If the alleged victim's statements lack consistency, contain contradictions, or are deemed unreliable, and no other credible witnesses support the accusations, it can be argued that the prosecution's case is weakened due to the lack of reliable evidence.
  • When there is a lack of corroborating evidence that substantiates the alleged victim's account of events, raising doubts about the truthfulness of the accusations.
  • If video or audio evidence contradicts the alleged victim's claims or you present an alternative version of events. The absence of evidence supporting the accusations undermines the prosecution's case.
  • In cases where the prosecution relies on weak or unreliable forensic evidence that is inconclusive or open to alternative interpretations, it can be argued that the lack of strong and reliable evidence weakens the case.
  • Cases where prosecutors lack eyewitnesses or reliable testimony to corroborate the alleged sexual battery.

Can I Face Civil Penalties for Sexual Battery?  

Yes, you can. Individuals can face a civil case for sexual battery. In civil law, sexual battery is considered a tort, an unlawful act causing harm or injury to another person. If someone believes they are a victim, they can file a civil lawsuit seeking damages.

In civil sexual battery cases, the burden of proof is generally lower than in criminal cases. The victim must show that it is more likely than not that the sexual battery occurred and caused harm. Damages sought can include medical expenses, therapy costs, lost wages, pain and suffering, and more.

Note: Civil and criminal cases are separate legal processes. You can face both criminal charges and a civil lawsuit for the same incident of sexual battery. The outcomes differ as the standards and purposes of each case vary.

The #MeToo movement empowered survivors to speak out and seek legal recourse for sexual misconduct. It has led to increased awareness, workplace reforms, and safer environments, and with it has come an increase in civil actions against perpetrators of sexual offenses.

Note: Stealthing is prohibited. It refers to a controversial sexual practice where one person removes a condom without the knowledge or consent of their sexual partner during sexual intercourse. This act of non-consensual condom removal can potentially constitute sexual battery or sexual assault under California law, depending on the specific circumstances and the level of force or coercion involved.

The Statute of Limitations in Sexual Battery Cases

In California, the timeframe for filing criminal charges in misdemeanor sexual battery cases is one year from the alleged incident. For felony sexual battery cases, prosecutors have a statute of limitations of 10 years from the alleged incident to file charges.

Crimes Related to Sexual Battery

     a) Rape

Rape in California is defined as non-consensual sexual intercourse. It is a serious felony offense under Section 261 of the California Penal Code (PC 261). Consent is crucial, and engaging in sex without it is considered rape.

If someone is forced, threatened, coerced, or unable to consent due to intoxication or other reasons, it is rape under the law.

In rape cases, prosecutors must generally prove the following elements to establish the offense:

  • Sexual intercourse — The prosecution must show that sexual intercourse occurred between you, the defendant, and the victim.
  • Lack of consent — Prosecutors must demonstrate that the victim did not provide voluntary and informed consent to engage in sexual activity. Consent must be affirmative and given freely without coercion or incapacitation.
  • Force, fear, or incapacitation — The prosecution must establish that the defendant used force, threats, intimidation, or took advantage of the victim's incapacitation (for example, unconsciousness or intoxication) to engage in sexual activity.

Penalties for Rape

Rape carries severe penalties, including imprisonment in state prison. The punishment depends on factors like aggravating circumstances, the victim's age, and using force or weapons during the offense.

Rape is considered a felony and carries significant penalties. Upon conviction, offenders could face imprisonment for 3, 6, or 8 years, along with mandatory sex offender registration.

In cases where the victim is under 18, the penalties are more severe. Additionally, if the rape resulted in the victim suffering great bodily injury, the court could impose an additional 3 or 5 years of imprisonment.

Probation instead of prison is generally not an option in rape cases if either force or violence was used or the victim sustained great bodily injury.

Contact an Experienced Criminal Defense Attorney Near Me

Sexual battery under PC 243.4 is a serious charge that requires the expertise of a skilled defense lawyer. Negotiating with the prosecutor to avoid charges through prefiling intervention is possible. Our experienced Fresno criminal lawyers are well-versed in various defenses for this crime.

At California Criminal Lawyer Group, we possess exceptional investigative and trial skills to challenge unreliable testimony and extensive knowledge of constitutional law and criminal procedures to suppress unlawfully obtained evidence. It is crucial to retain the best defense for a sexual battery charge, as a conviction can have long-lasting consequences, eroding any benefit of the doubt on future charges. Contact our team today at 559-712-8377.