Sexual Battery Articles

Is Sexual Battery a Felony? (PC 243.4)

California Penal Code Section 243.4 defines the crime of sexual battery as the unlawful touching of an intimate part of another person against that person’s will for the purposes of sexual arousal, gratification or abuse. If you are charged with sexual battery, you face serious criminal consequences. Sexual battery under PC 243.4 is a wobbler offense, meaning it could be charged as a misdemeanor or a felony. Let our experienced…

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Is it Rape if Your Partner Changed His/Her Mind During Intercourse?

When rape is portrayed in television or in movies, it is portrayed in a way that leaves no doubt the perpetrator committed the crime. But consent during a sexual act is sometimes less clear than you think. What happens if your partner consented to sexual activity but begins to object while in the middle of intercourse? Is this “rape” in the conventional sense? Rape Defined by Law (PC 261) California…

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How Electronic Evidence is Used To Prove Guilt In A Sex Case

In today's modern age, more and more people are using computers to conduct their lives. Whether it be smartphones, tablets, lap tops, etc., police and prosecutors are using these devices to help build a case against anyone charged with a sex offense. Often times, the suspect may send e-mails, visit illegal websites, perhaps call from cell phones, text message or tweet conversations that can later be retrieved by the police and…

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Those Accused of Child Molestation Must Also Be Charged with Battery

It was recently reported that the California Court of Appeal held that a trial court is required to instruct the jury on the lesser included offense of battery when a defendant is on trial for child molest. Under California law, Penal Code section 288(a) states that it is unlawful for any person to willfully commit any lewd or lascivious act, including upon or with the body, or any part or…

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5 Things to Expect if You are Charged with Sexual Battery in Los Angeles County

Allegations of sexual battery in Los Angeles against celebrities, athletes and even politicians are rather common. It seems like every week a new celebrity is being investigated for sexual assault. For example, the Los Angeles Police Department temporarily reopened its investigation into sexual assault allegations against musician Cee Lo Green in October.1 A woman alleged that the “The Voice” judge spiked her drink after meeting him at a restaurant last year.…

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Fighting a Sodomy Charge in Southern California – PC Section 286

If you are accused of an illegal act of sodomy, it will be a traumatic experience. It will impact your ability to carry on a normal life with your friends, family and employer. The negative social stigma of a sodomy accusation can follow you for the rest of your life. However, being accused of an illegal act of sodomy does not mean that you will be convicted. The skilled sodomy…

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Differences between Sexual Battery and Sexual Battery by Fraud (Penal Code sections 243.4, 243.4 (c))

Sexual battery by fraud is the crime of unlawfully touching another person on an intimate body part by representing to the victim that the touching served a professional purpose. A recent California Court of Appeals decision helps illustrate this crime, which is considered a more serious offense than sexual battery… People v. Robinson (Case No. G048155, 4th Appellate District, 2014) Defendant Lee Hoang Robinson lured women, including a 17-year-old girl,…

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Former San Diego Mayor Filner Pleads Guilty to Felony False Imprisonment

A few months ago, Bob Filner was the mayor of San Diego. He had a tremendous amount of power as he made decisions as to the welfare of the citizens of San Diego. Then, the roof caved in. A large number of females came forth with allegations that Mr. Filner had “sexually harassed” them in various ways. Filner vehemently denied the charges. Prominent members of the San Diego community called…

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What does the prosecutor have to prove in order for me to be convicted of sexual battery in California? (CPC 243.4)

According to California Penal Code section 243.4, you can be convicted of sexual battery if you touch the intimate part of another against his or her will. In order for you to be convicted of sexual battery, the prosecutor must prove all of the following: 1) You touched the intimate part of another person; 2) The touching was done against the will of the other person; and 3) You touched…

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I am being charged with sexual assault in San Bernardino. I thought the girl was giving me her consent. How can you help me? (PC 243.4)

California Penal Code Section 243.4 (a) provides that any person who touches an intimate part of another person that is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse is guilty of sexual battery. The experienced lawyers at Wallin and Klarich can raise the valid defense…

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