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California Sexual Battery Laws

Sexual Battery in California is defined as inappropriate touching (sometimes including penetration) of a person against that person’s will or without that person’s consent.

Elements of Sexual Battery

California Penal Code 243.4 states:

1. Any person who touches an intimate part of another person while that person 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.

2. Any person who touches an intimate part of another person who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.

3. Any person who touches an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose, is guilty of sexual battery.

4. Any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person’s will while that person is unlawfully restrained either by the accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or medically incapacitated, to masturbate or touch an intimate part of either of those persons or a third person, is guilty of sexual battery.

5. Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery.

In most cases, Sexual Battery “is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).”

Sexual Assault Evidence

Most cases of California Sexual Assault lack evidence. Often times, insufficient evidence is enough to clear one of Sexual Assault charges. Sometimes, when consent is actually given, an offended party may deny that such consent was ever given, essentially turning a Sexual Assault into a “he-said – she-said” case. False accusations occur often . Since there doesn’t need to be physical evidence in filing a Sexual Assault claim, some victims cry wolf, falsely accusing someone out of spite, or possibly in hopes of seeking revenge for some other, unrelated matter.

Protect Your Rights

Regardless of the reason or degree of your Sexual Assault or Sexual Battery charges, the California Sexual Assault attorneys at Wallin & Klarich are here to help, and will do everything within the confines of the law to prove you’re innocent of all criminal charges. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year.

Call us today at (877) 4-NO-JAIL (877-466-5245) for a free consultation.

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