What Is Sexual Battery?

California Penal Code § 243.4 states that any person who touches another person’s intimate parts—anus, groin, buttocks, or breasts of a female—against their will for the purpose of sexual arousal, sexual gratification, or sexual abuse is guilty of sexual battery. You don’t have to be the one who committed the act to face the consequences, either.

Accomplices are sentenced similarly to the person who committed the act. So, if you’re accused of restraining the alleged victim while sexual battery was committed, you’ll face the same penalties as the alleged perpetrator.

When Else Could You Face Sexual Battery Charges?

California law includes other instances when someone could face sexual battery charges, specifically when talking about who the alleged victim was and how the incident occurred. These scenarios include the following:

  • Touching the intimate parts of someone who’s institutionalized or medically incapacitated
  • Touching someone who’s unconscious because the accused fraudulently represented that the touching was medically necessary
  • Forcing someone to touch the intimate parts of the accused or a third party

What Are the Penalties for Sexual Battery?

Sexual battery is a wobbler crime, which could be charged as a misdemeanor or a felony, depending on the circumstances. The age of the victim, previous criminal history of the accused, and other factors determine the charges you could face.

Here are the following penalties for a misdemeanor and felony offense:

  • Misdemeanor – Six months or a year in the county jail; fines up to $2,000
  • Felony – Imprisonment in the state prison for two, three, or four years; fines up to $10,000

If the alleged victim was a minor under 18, you face felony charges for sexual battery. You could face misdemeanor charges if you’re an employer accused of sexual battery; however, your potential fines would increase to $3,000.

In addition to jail time and fines, you’ll be required to register as a sex offender for ten years if you’re charged with a misdemeanor or possibly a lifetime for a felony conviction.

Your Defense Options for Sexual Assault Charges

Your situation isn’t hopeless. Your Oakland assault lawyer could present your options and determine the best course of action to take when defending your case.

You might argue one or more of the following sexual assault defenses:

  • False Accusations – Accusers might lie and say you touched them inappropriately to assassinate your character. Whether it’s a toxic ex trying to get ahead in a custody battle or an employee taking revenge, they must prove you committed the crime.
  • Insufficient Evidence – Due to the nature of this crime, it could be challenging for your accuser to prove you committed sexual battery. They must prove beyond a reasonable doubt that you committed the act, and if they can’t establish every element of the crime, you could get your charges dismissed.
  • The Touching Was Consensual – You may have had an entirely consensual sexual interaction with someone who now claims your actions were undesired, leaving you to deal with hefty fines and a lengthy jail sentence.

You Could Face Charges for Related Sex Crimes

Sexual battery is often paired with other related sex crimes like rape or battery. California Penal Code 261 states that rape is when someone engages in sexual intercourse against another’s will. Additionally, California Penal Code 242 states that battery is any willful or unlawful use of force or violence upon another person.

So, you can see how both of these crimes could get attached to sexual battery. Someone might claim that your unwanted touching led to nonconsensual sex or the encounter involved willful or unlawful use of force or violence. Whatever charges you face, you should get help from an experienced sexual assault attorney today.