California punishes sex crimes, especially sexual battery, severely. Facing sexual crimes leaves far-reaching consequences such as hefty fines, imprisonment, and civil liabilities like victim restitution. If you or your loved one is facing sexual battery charges, you must consult a criminal defense attorney to help you fight these charges.

Your chances of having the court drop or reduce sexual battery charges in Anaheim are much higher when you have the support and guidance of an experienced attorney in your corner. You do not have to face sexual battery charges alone, and you can engage the services of an experienced criminal defense attorney for help. Our California Criminal Lawyer Group lawyers will defend you and ensure you obtain justice.

Understanding California PC 243.4 Sexual Battery

California defines sexual assault or battery as touching someone else's intimate parts without consent for sexual abuse, gratification, or arousal. You can also face sexual battery charges if you overpower someone for sexual arousal or enjoyment. When you touch or initiate sexual contact with another person against their will, you will have committed a severe violation of their human rights. For sexual battery, sexual intercourse or generation is not a requirement for the charge to be held in court.

Example: Henry, a gym instructor, intentionally brushes against a female client's breasts as he guides her during a workout session. He brushes against her to arouse her, making the act a crime. The client can accuse Henry of sexual battery, and he may face sexual battery charges.

You can commit a sexual battery offense anywhere, and the victim can either be naked or clothed. If you are facing sexual battery charges, it is imperative that the touching is for sexual pleasure or gratification. If you commit some of the following acts, you may end up facing sexual battery charges:

  • Grabbing or fondling a woman's breast without their consent.
  • Touching someone's genital area against their will.
  • Forcing someone to touch a third-party private parts
  • Spanking or patting someone's buttocks.
  • Forcibly kissing the victim on the mouth.

For California PC 243.4, an intimate or private part is someone's groin, buttocks, anus, sexual organs, or female breasts.

Elements of Sexual Battery Charge

For you to face sexual battery charges, the prosecution must prove the following elements beyond reasonable doubts:

  • You or your accomplice touched another person's private parts.
  • You or your accomplice restrained another person.
  • You or your accomplice made another person touch themselves or touch someone else.
  • You committed the act against their will.
  • You committed the act for sexual arousal, pleasure, or to sexually abuse the victim.

You should note that you can still face sexual battery charges even if you and the victim have been engaged in a long-term sexual relationship.

Example: Jason and Sue live together as partners and are sexually involved. They fight, and Sue insults Jason. Jason decides to leave their apartment, and in an attempt to stop him from going, Sue tries to initiate sex by fondling Jason's penis over his shorts. Jason tells her he is not interested and asks her to stop, but she refuses. If Jason presses charges, Sue may face misdemeanor sexual battery charges.

When it comes to sexual battery charges, the law can not find you guilty when you reasonably believe, even though mistakenly, that the alleged victim consented to your touching. The prosecution must prove that you did not reasonably believe that the victim consented.

Example: Anne meets Cora in a pub. She buys Anne several drinks and lets her know she finds her attractive. When Cora is drunk, Anne touches her breasts, and this act makes Cora extremely angry, and she asks Anne to stop. Anne does not stop and tries to kiss Cora, and at this, Cora calls the police. Anne was arrested and charged with a sexual battery offense under PC 243.4(a). In this case, the question arises if Anne should be convicted.

Conclusion: Anne touched Cora intimately by fondling her breast and trying to kiss her. Since Anne had already told Cora that she found her beautiful and was attracted to her, we can assume she touched Cora for sexual gratification or arousal. Since Cira became angry after being touched while Anne was trying to kiss her, suggesting that the touching was against her will. However, the two ladies were drinking in a public place, which means that Cora could have left at any given time since she was not restrained. Therefore, Anne should not be convicted of a sexual battery crime.

Aggravated Sexual Assult

Penal code 243.4 addresses aggravated sexual battery. You will face aggravated sexual battery charges when you touch another person's intimate parts without their consent, but in this case:

  • You or your accomplice will unlawfully restrain the victim. For example, if you and your friend unlawfully restore Jayn and force her to touch your private parts. You will be guilty of an aggravated sexual battery charge in California.
  • If the victim is medically incapacitated or severely disabled,
  • If the victim is institutionalized, seek medical care.
  • If you fraudulently represent the act to serve a professional purpose.
  • If you make the victim touch your intimate parts or those of your accomplice,
  • If you force the victim to masturbate.

Example: Mark works in an institution for mentally challenged individuals. He tells Claudia, a mentally challenged person at the institution, to touch his genitals while he is clothed, and she touches him. Mark is guilty of an aggravated sexual assault offense.

It is essential to note that for you to face felony charges for a sexual battery offense,  you must come into contact with the victim's bare skin. If the victim's bare skin is not involved, the offense is not a felony.

Understanding The Terms Used In Sexual Battery Charge

Touching

When it comes to sexual battery offense, touching means that you make contact with the private parts of the alleged victim either directly or over their clothing. 

Example: Mary is an office cleaner; while dusting her boss' office, her boss pats her buttocks to arouse himself sexually. Mary's boss is guilty of sexual battery even if he touched her over her clothing. If the boss reaches into Mary's skirts to touch her bare skin, he could face felony sexual battery.

Intimate or Private Part

Under California PC 243.4, the law refers to any sexual organ, anus, breasts, buttocks, groin area, or anus as intimate or private parts.

Without A Person's Consent or Against Their Will

If you touch another person without their consent, you would be guilty under the law for acting against the will of the alleged victim. When it comes to consent, the other person must act voluntarily and freely, knowing what the act entails and engaging or participating in it. It is important to note that consent alone does not cushion you against sexual battery charges, as you must obtain it validly. For instance, you could face sexual battery charges if you obtain permission fraudulently.

Sexual Abuse

When you commit a sexual act intending to humiliate, harass, injure, or annoy the victim, then your actions are to abuse the victim sexually. Your intention to sexually abuse the victim would satisfy the elements of a sexual assault offense, even if you did not commit the sexual act for your sexual pleasure or gratification.

If you touch another person sexually, intending to humiliate or cause pain. In that case, your action could lead to sexual battery charges, even if your intention was not to enjoy or gain any sexual pleasure from the act.

 Unlawful restraint

Unlawful restraint means that you controlled the victim's free will to move. You can be guilty of illegal restraint where you deny the victim their freedom to move willingly by your acts, word, or authority. For the law, the control should be against the victim's will. Unlawful restraint does not solely refer to physical control where you apply physical force against the victim to accomplish your intention of sexually touching them.

Example: Matt is a teacher and invites one of his students into a vacant classroom. He then proceeds to lock the door using a chair. When the student walks away from the teacher, Matt calls him over and touches his penis beneath his clothes. In this case, Matt unlawfully restrained his student and committed a felony sexual battery offense. Matt used his professional authority, created privacy by locking the door using a chair, and took advantage of the students' fear displayed by the fact that he walked away from Matt.

It is crucial to note that you are not guilty of unlawful restraint if the restraint is for a legal purpose and you use legal authority while restraining the other person. For this to happen, the restraint must continue being legal.

Example: Dee works as a law enforcement officer, and she has to transport handcuffed female inmates. During transportation, they are legally restrained. However, the restraint becomes unlawful if Dee decides to caress them while they are secured.

Accomplice

Being an accomplice in a crime means that the law can prosecute you the same way as the main culprit. You will face sexual battery charges as an accomplice when you know that the main culprit is acting or is committing a crime. Also, if you facilitate, aid, encourage, or promote the act of sexual assault, then you are an accomplice in a sexual battery charge.

Penalties For Sexual Battery-PC 243.4(a)

California treats sexual battery as a wobbler offense. If you are facing a wobbler offense, the prosecution can decide to charge you with either a misdemeanor or felony offense, depending on your case's circumstances.

Misdemeanor Penalties

If you are facing sexual battery and the court convicts you for a misdemeanor offense, your penalties will be:

  • Imprisonment in county jail that does not exceed one year.
  • Payment of $2,000 in fines.
  • Payment of $3,000 in fines if you are the victim's employer.
  • Summary or informal probation
  • Attending a batterer's program.
  • Community service.
  • Registering as a tier one sex offender for at least ten years.

Felony Penalties

Sometimes you may face felony sexual battery charges, especially if there are aggravating factors like if the victim is institutionalized, restrained, or incapacitated. If you are convicted of a felony offense, your penalty shall include:

  • Imprisonment that goes up to 4 years.
  • Felony or formal probation.
  • Payment of up to $10,000 in fines
  • Registering as a tier three sex offender. This registration is for life.
  • Additional imprisonment goes up to 5 years if the victim sustained severe bodily injuries.

Best Legal Defenses Against Sexual Battery Charge

Due to the severe nature of the sexual battery charge, you will need to develop a defense strategy that will see the court drop or dismiss your charges. Fortunately, you and your defense team can use various legal defenses to beat sexual battery charges. You can use the following common defenses:

Consensual Touching

In your defense, you can show the court that you reasonably believed the act was consensual.

Example: Mike and Matt are out on a date. However, Matt does not want Mike to touch him intimately, and he does not communicate this to Mike. Matt does not ask Mike to stop touching his private parts, and Mike believes that Matt has consented to have him touch him. Later Matt accuses Mike of sexual assault and has law enforcement agents arrest him. In this case, unless Matt convinces the court that Mike knew that he did not agree to the touching, the law can not find Mike guilty.

Insufficient Evidence

You will realize that in most cases, the conduct required to sustain the elements of PC 243.4 does not necessarily have any physical evidence. The evidence is not necessarily enough to sustain sex battery charges. The law requires the prosecution to prove beyond reasonable doubt that you committed the offense.

The prosecution has to show that sexual battery offenses occurred. Proving that a sexual assault occurred can be tricky, especially when the evidence is insufficient. Your criminal defense attorney can use this defense to have the court reduce or dismiss your charges.

Example: Nicole accuses Ryn of sexually assaulting her. The police arrested Ryn and charged him with sexual battery against Nicole. Nicole does not produce evidence showing that Ryn restrained her, as she claimed in her statement. She does not have any body marks showing where Ryn tied her, nor has she gone to a physician who could confirm the presence of marks on her skin indicating Ryn restrained her. Nicole does not claim that Ryn secured her in a room or a private place.

In this case, the prosecution can not prove beyond reasonable doubt that Ryn restrained Nicole. Since there is no indication that Ryn restricted Nicole, the prosecution can not establish sexual battery elements. If Nicole had seen a physician to authenticate her claim of being restrained or using a different suit, then the court could convict Ryn of a sexual battery offense. In this case, the court can not convict Ryn due to insufficient evidence.

 False allegations

A sexual battery charge does not necessitate a physical injury to be held in court, making it an easy offense to accuse another person of having committed falsely. You can face a sexual battery charge due to a false accusation. The alleged victim might do so due to jealousy, anger, revenge, or the desire to influence you if you are battling divorce or custody cases.

Your defense team can use this defense strategy together with insufficient evidence. If you are facing sexual battery charges as a result of false accusations, it is not a stretch to have insufficient evidence. In most cases, the alleged victim might lie about the assault, and the prosecution will not have sufficient evidence to prove beyond reasonable doubt that you committed the act.

Example: Luke and Diane are in a custody battle for their two children. Intent on destroying Luke's credibility, Diane sends one of her friends, Gemma, to have a chat with Luke. When Gemma returns, Diane asks her to report Luke to the police for having committed sexual battery against her. Luke has done nothing of the sort, and Gemma knows this. The police arrested Luke and charged him with a sexual battery offense against Gemma.

Under the law, Luke has done nothing unlawful. Diane wants to discredit him so that he can lose the custody battle for their two children, so she asks her friend to file the charges against him. Under the law, nobody should be convicted of a crime they did not commit. Therefore, Luke should be acquitted of sexual battery charges.

Facing Civil Lawsuit For Sexual Battery Offense

Sometimes you may face a civil lawsuit from your alleged sexual battery victim. The alleged victim can file a lawsuit in civil court to recover damages they incurred due to the sexual battery offense. You should note that when the alleged victim files a civil suit against you, it will be separate from your sexual battery criminal charges. A civil case will add to your criminal charge, and a conviction will ensure you receive harsh penalties.

When it comes to civil lawsuits, the alleged victim has to prove that you committed a sexual battery offense against them, and this offense led to their damages. Civil lawsuit damages include:

  • Lost wages.
  • Loss of future earning capability.
  • Medical expenses.
  • Pain and suffering.
  • Property damage

Related Offense

Some offenses are related to sexual battery. These offenses are sometimes prosecuted with sexual battery, or in some situations, the prosecution may decide to charge you with them instead of a sexual battery. These offenses include and are not limited to:

Rape California PC 261

Under PC 261, you will be guilty of rape charges if you have intercourse with someone else without their consent accomplishing this act through force, threats, or fraud. When it comes to sex charges, intercourse is what sets the crime of rape apart from sexual battery.

California treats rape as a felony with harsh penalties that could lead to imprisonment in state prison, negatively affecting your rights. When you face rape charges, a conviction will lead to eight years or more in state prison, depending on whether the victim sustained severe body injuries. A rape conviction will also earn a strike against your record under California's three-strike rule.

Lewd Conduct California PC 647(a)

Lewd conduct refers to several offenses under penal code 647(a) that revolves around sexual activities in public. These sexual activities include:

  • Public masturbation.
  • Giving or receiving oral sex in public
  • Exposing your genitals in public.

When facing lewd conduct, the prosecution can charge you with either soliciting another person to engage in offensive behavior or indecent conduct. If the prosecution charges you with improper conduct, they will have to prove beyond reasonable doubt that you willingly participated in the act in a public place. Some of the offensive conduct that the prosecution may charge you with include touching your private parts or those of another person to arouse or gratify yourself or the other person sexually. Sometimes your actions may be to humiliate, offend or annoy another person.

On the other hand, to prosecute you for soliciting lewd conduct in public, the prosecution must prove that you requested or caused someone else to touch your private parts in a public place. Furthermore, the prosecution must prove that you intended to have the action take place in a public place to humiliate, offend or arouse the other person. Also, you may have intentionally requested the lewd conduct to arouse or gratify yourself sexually, and the act offended or could have offended a third party.

For this charge to be held in court, the following should have:

  • The presence of someone else in a public place where you committed a lewd act.
  • The possibility of offending the other person is high.
  • You knew or should have known that your improper conduct could offend someone.
  • You conducted a lewd act in a public place.

California treats lewd conduct as a misdemeanor offense with a conviction leading to one-year imprisonment. Sometimes the prosecution may require you to register as a sex offender.

Battery California PC 242

Under PC 242, California defines battery as any uninvited or unwanted touching, and it does not matter whether the touching is done in sexual content or not. For instance, if you take someone's hand and place it on your private parts, you can not be guilty of sexual battery under PC 243.4, but you will be guilty of battery offense under PC 242.

A battery charge is a misdemeanor offense, and a conviction will lead to imprisonment that goes up to six months in county jail or payment of $2,000 in fines.

Contact An Experienced Criminal Defense Lawyer Near Me

Facing sexual offense charges in Anaheim, CA, can have long-lasting effects on your life. Even if you do not go to trial for sexual battery charges, an arrest will tarnish your name and affect your good standing in society. Therefore, hiring an experienced attorney to defend you against these charges is crucial.

You should hire a law firm with an excellent track record of delivering on its promise. At California Criminal Lawyer Group, our team will work hard and ensure you receive the best possible outcome in your case. Do not hesitate to reach out to us at 714-766-0965 and schedule your first appointment with us.