Arrested or Charged with Sexual Battery (Penal Code 243.4) in California?

If you’ve been arrested or charged with sexual battery in California, you’re likely feeling overwhelmed and uncertain about your future. Sexual battery is a serious offense that can have severe consequences, including imprisonment and hefty fines. Understanding the law and your rights is crucial in these situations.

At the David P. Shapiro Criminal Defense Attorneys, we defend individuals accused of sexual offenses, including sexual battery. Our experienced criminal defense attorneys are here to guide you through this challenging time and fight for your rights.

What is Sexual Battery in California?

Sexual battery, as defined in California Penal Code § 243.4, involves touching an intimate part of another person without their consent for sexual purposes. The law covers several specific scenarios, each with its own set of penalties.

Let’s break down the key elements of sexual battery according to the statute:

1. Basic Sexual Battery

The most basic form of sexual battery is described in Penal Code § 243.4(e)(1):

“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.”

This form of sexual battery is typically charged as a misdemeanor, punishable by up to six months in county jail and a fine of up to $2,000.

2. Felony Sexual Battery

More serious forms of sexual battery are considered felonies. These include:

a) Sexual Battery by Restraint

Penal Code § 243.4(a) states:

“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.”

b) Sexual Battery of an Institutionalized Person

According to Penal Code § 243.4(b):

“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.”

c) Sexual Battery by Fraudulent Representation

Penal Code § 243.4(c) covers cases where the perpetrator tricks the victim:

“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.”

These felony forms of sexual battery are punishable by imprisonment in state prison for two, three, or four years, and a fine of up to $10,000.

What Does the Prosecution Need to Prove?

In a sexual battery case, the burden of proof lies with the prosecution. They must prove several elements beyond a reasonable doubt to secure a conviction:

1. The defendant touched an intimate part of the victim’s body.
2. The touching was against the victim’s will.
3. The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
4. If charged as felony sexual battery, the prosecution must also prove additional elements such as unlawful restraint, the victim’s institutionalized status, or fraudulent representation.

The prosecution will typically rely on various forms of evidence to prove these elements, including:

• Victim testimony
• Witness statements
• Physical evidence (if available)
• Expert testimony
• Any admissions or statements made by the defendant

It’s important to note that the absence of one or more of these elements can lead to an acquittal or reduction of charges. This is where a skilled defense attorney can make a significant difference in your case.

Frequently Asked Questions About Sexual Battery Charges in California

To help you better understand sexual battery charges in California, here are answers to some frequently asked questions:

What exactly constitutes an “intimate part” under the law?

According to Penal Code § 243.4(g)(1):

“‘Intimate part’ means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.”

Does the touching have to be skin-to-skin to be considered sexual battery?

No, the touching doesn’t have to be skin-to-skin. The statute clarifies in § 243.4(e)(2):

“As used in this subdivision, ‘touches’ means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.”

Can I be charged with sexual battery if I thought the other person consented?

Consent is a defense to sexual battery charges. However, if the prosecution can prove that a reasonable person in your position would have known that the victim wasn’t consenting, you could still be convicted. This is why it’s crucial to have clear, affirmative consent in any sexual situation.

What’s the difference between sexual battery and rape?

While both are serious sexual offenses, rape (defined in Penal Code § 261) involves sexual intercourse, whereas sexual battery involves touching for sexual purposes. The penalties for rape are generally more severe than those for sexual battery.

Will I have to register as a sex offender if convicted of sexual battery?

Yes. Misdemeanor sexual battery requires sex offender registration for a minimum of 10 years, while felony sexual battery carries a lifetime registration requirement. This is one of the many reasons why it’s crucial to fight these charges with the help of an experienced attorney.

Can sexual battery charges be expunged from my record?

In some cases, yes. Misdemeanor convictions and some felony convictions can potentially be expunged after completing probation or serving the sentence. However, sex offender registration requirements will continue even after expungement.

What if the alleged victim doesn’t want to press charges?

In California, it’s the prosecutor, not the victim, who decides whether to file charges. While the victim’s wishes are considered, the prosecutor may proceed with the case even if the victim doesn’t want to “press charges.”

Can I be charged with sexual battery if I was intoxicated at the time of the incident?

Yes. Voluntary intoxication is generally not a defense to sexual battery. In fact, being intoxicated might make it more difficult for you to accurately assess whether you had consent.

What if the alleged incident happened a long time ago?

California has statutes of limitations for most crimes, including sexual battery. However, these time limits can be complex and have exceptions. It’s best to consult with an attorney about the specific details of your case.

How can a criminal defense attorney help me fight sexual battery charges?

An experienced criminal defense attorney can help in numerous ways:

• Investigating the allegations and gathering evidence
• Identifying weaknesses in the prosecution’s case
• Developing a strong defense strategy
• Negotiating with prosecutors for reduced charges or penalties
• Representing you effectively in court if the case goes to trial
• Advising you on your rights and the potential consequences of different legal options

Defenses Against Sexual Battery Charges

If you’re facing sexual battery charges, there are several potential defenses that an experienced criminal defense attorney can explore:

1. Consent: If the alleged victim consented to the touching, it’s not sexual battery.
2. Lack of intent: If the touching was not for sexual purposes, it doesn’t qualify as sexual battery.
3. False accusation: Unfortunately, false accusations do occur, often in domestic or workplace disputes.
4. Insufficient evidence: The prosecution must prove all elements of the crime beyond a reasonable doubt.
5. Mistaken identity: In some cases, the wrong person may be accused of the offense.

Long-Term Consequences of a Sexual Battery Conviction

Beyond the immediate legal penalties, a sexual battery conviction can have far-reaching consequences:

1. Sex offender registration: Many sexual battery convictions require registration as a sex offender.
2. Employment difficulties: A criminal record can make it challenging to find employment.
3. Housing issues: Some landlords may refuse to rent to individuals with sex crime convictions.
4. Relationship problems: A sexual battery conviction can strain personal relationships.
5. Immigration consequences: Non-citizens may face deportation or inadmissibility.

Why You Need an Experienced Criminal Defense Attorney

Given the severity of sexual battery charges and their potential consequences, it’s crucial to have skilled legal representation. At the David P. Shapiro Criminal Defense Attorneys, we have extensive experience defending clients against sexual battery charges. Here’s how we can help:

1. Case evaluation: We’ll thoroughly review the evidence against you and identify potential weaknesses in the prosecution’s case.
2. Defense strategy: Based on the specifics of your case, we’ll develop a robust defense strategy.
3. Negotiation: If appropriate, we’ll negotiate with prosecutors to reduce charges or penalties.
4. Trial representation: If your case goes to trial, we’ll vigorously defend you in court.
5. Post-conviction relief: If you’ve already been convicted, we can explore options for appeal or expungement.

Protect Your Rights and Your Future

Being charged with sexual battery is a serious matter, but it doesn’t have to define your future. With the right legal representation, you can fight these charges and protect your rights.

At the David P. Shapiro Criminal Defense Attorneys, we understand the complexities of sexual battery cases and the California legal system. We’re committed to providing strategic defense for our clients.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.