December 21, 2023 By WK Law

How You Can Beat A Sexual Battery Charge

What is Sexual Battery?

In California, sexual battery, defined under California Penal Code Section 243.4 PC, is a serious criminal offense. It involves any unwanted touching of an intimate part of another person, for the purpose of sexual arousal, gratification, or abuse. This can occur directly or through clothing and does not require that the victim be physically restrained. The law stresses that the act must be against the will of the person or without their consent. It’s important to note that penalties for sexual battery in California can be severe, potentially involving imprisonment and mandatory registration as a sex offender.

Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL for your free consultation!

How to Beat a Sexual Battery Charge

In a PC 243.4 sexual battery case, the prosecution must prove multiple elements beyond a reasonable doubt.


The first thing you need to know if you are facing a sexual battery charge per Penal Code Section 243.4 is that the prosecution must convince all 12 jurors beyond a reasonable doubt of your guilt. This means that if even one juror is not convinced to the required standard of proof you cannot be found guilty.


  1. Unlawful Touching: The prosecution typically needs to establish that the defendant unlawfully touched an intimate part of another person. An “intimate part” of a female’s body is understood to be the breast or vaginal area. If a male is the alleged victim then the “intimate part” is understood to be the penis or rectum area. In most sexual battery cases there is no witness to the alleged touching other than the word of the alleged victim. This means that it is critical that the criminal defense lawyer representing you must be very prepared to “cross-examine” the alleged victim as to this required element. There normally will be no physical evidence of the alleged unlawful touching and that is why a thorough questioning of the alleged victim is essential to a successful outcome in a sexual battery case.
  2. Lack of Consent: Sexual battery cases often hinge on whether there was consent. The prosecution must establish that the alleged victim did not give voluntary and informed consent to the touching. In many cases there is evidence that the alleged victim may have consumed alcohol or ingested legal or illegal drugs or medication. It is vital that your criminal defense lawyer question the alleged victim in detail as to how much alcohol was consumed, when it was consumed and how the alcohol or medication or unlawful drugs taken could have impacted the memory of the alleged victim. Unless all twelve jurors believe beyond a reasonable doubt that the victim did not consent the accused cannot be convicted.
  1. Intent: The crime of sexual battery requires the prosecution to prove that the defendant touched the alleged victim with the intent to achieve sexual arousal, sexual gratification, or sexual abuse. Since the prosecutor cannot “read the mind” of the accused he/she often will have to rely on “circumstantial evidence”. There can be many reasons why a person could have touched the private area of another person’s body. Of course the accused could have “accidentally” came in contact with the victims private area. The accused could have touched the other person in a private area in a “joking manner” which would have had nothing to do with the accused having sexual intent.
  1. Force or Restraint: In order to be found guilty it must be shown that the alleged victim was being unlawfully restrained at the time of the touching. This is often a very difficult element to establish in a sexual battery case.
  1. Knowledge of Lack of Consent: In some situations, the prosecution may need to demonstrate that the defendant was aware or reasonably should have been aware that the alleged victim did not consent to the touching.

When you select a law firm to defend you if you are facing sexual battery charges you need to be certain that your lawyer has experience in defending people accused of sex crimes. Your lawyer must have completely reviewed the discovery provided by the prosecution. Your lawyer should prepare you for your testimony in cases where it is necessary for you to testify. Make certain that you take your time and ask all the right questions before you hire a criminal defense law firm to help you fight for your innocence.

Contact Wallin & Klarich Today 

If you are facing a sexual battery charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case. 

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

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