Sexual Battery

If you are being charged under California Penal Code 243.4, you want to contact an experienced lawyer who will defend you in court as soon as possible. Sexual battery is a severe crime that may change your life and influence your chances of finding a job, being in a relationship, finding a house to live in, or even civil liberty.

You should know more about this crime, the penalties that come with it, and the lawful resources available to you to improve your chances of a positive outcome. Sexual battery charges are complicated, and therefore, you want to hire a competent criminal defense lawyer to explain to you what you are being charged with, the penalties, and the defenses to your accusations.

As a law firm based in San Diego, our mission at the Law Offices of Anna R. Yum is to fight for our client’s rights with passion and empathy. If you or your loved one is charged with sexual battery, do not stand alone in front of the Justice; turn to us for the legal defense you require.

An Overview of Sexual Battery Under California Law

Legal Definition of Sexual Battery

California law defines sexual battery as the intentional and non-consensual touching of the intimate parts of another person with the intent to arouse, gratify, or abuse your victim sexually. This is done against the will of your victim. The crime is penalized under Penal Code 243.4, which describes different types of sexual battery, some of which are misdemeanors while others are felonies.

The law has given a liberal definition of ‘touching’ in the sense that even the slightest contact with the private parts of your victim’s body is considered a violation. What makes the act criminal is that the person being touched has not consented to being touched. Consent, in this case, is defined as the willingness and active compliance with another person’s touching without any coercion or undue influence.

Sexual battery is a criminal offense that attracts severe consequences such as imprisonment, fines, and a criminal record that will follow you for the rest of your life. Also, a conviction may trigger mandatory registration as a sex offender, which can affect your life in the future.

Element of Penal Code 243.4

To secure your conviction for sexual battery per California Penal Code 243.4, the prosecutor must prove several critical elements beyond a reasonable doubt. These elements are the constituents of the charge, and each of them must be proven beyond doubt for you to be found guilty. They include the following:

• Unlawful Touching: The prosecutor must demonstrate that you committed the crime through unlawful contact with the alleged victim. Under the law, “touching” is broadly defined and may refer to any contact with your victim’s private areas, no matter how slight.
• Intimate Parts: The touching must have been made on the private area of the body of the alleged victim. Intimate areas are legally defined and can encompass areas such as the genital area, the buttocks, or the female breast.
• Intent: The prosecution has to prove that you had the specific intent to obtain sexual arousal, sexual gratification, or to abuse your victim. This intent distinguishes sexual battery from other forms of battery.
• Lack of Consent: The prosecutor must prove that the touching took place in the absence of consent from your alleged victim. Consent must be given willingly and, therefore, cannot be coerced, induced, or obtained through deception.
• Restraint or Fraud (in some cases): Depending on the particular section of Penal Code 243.4 under which you are being charged, the prosecutor may also need to prove that you restrained the alleged victim or used fraud to accomplish the act. This is especially so where the sexual battery is alleged to have been committed under false pretense or by force.

If your lawyer can help you successfully challenge any of these elements, the charges will be lowered, or, in the best-case scenario, the case will be dismissed.

Examples of Acts that Constitute Sexual Battery Crime

• Workplace Incident: In the course of working, a superior deliberately touches the private parts of a subordinate, claiming it was a mere touch or an accident. If the subordinate feels the contact was intentional and the contact was sexual, then it can be prosecuted as sexual battery.
• Unwanted Touching at a Party: If you are at a social gathering and you decide to grope a woman’s breast or a man’s buttocks without their permission. Though the contact can be concise and may not even seem like a sexual act to an outsider, the person may regard it as a sexual battery if the contact is unwanted.
• Medical Examination Misconduct: A healthcare provider examines a patient and, in the process, touches the patient inappropriately under the guise of examination. If the touching was unwelcome and the patient feels that it was done with sexual intent by the provider, it constitutes sexual battery under PC 243.4.

Definition of Terms

Non-consensual Touching

Non-consensual touching means any physical contact, no matter how slight, to your alleged victim’s genitalia, buttocks, or female breast without their permission. Sexual battery, in this case, may be done by touching the private parts through the cloth of your victim or by using an object to touch their genitalia.

Intimate Part

According to California Penal Code 243.4, an “intimate part” means particular body parts that one does not reveal to other people because of their sexual nature or because they are considered private. These include genitals, buttocks, anus, and female breasts.

These body parts are regarded as intimate because if one touches them without consent, they can be seen as invading another person’s right to personal space and self-respect. In cases of sexual battery, the prosecution has to prove that you touched one of those intimate parts to sexually arouse yourself or the victim or to sexually assault the victim.

The touching does not have to be skin-to-skin; even if clothes were worn, touching the intimate part is still considered contact. The most important aspect is the sexual aspect of the contact and whether the contact was made with the consent of the other person or not.

Against your Victim’s Will

This phrase means that you sexually touched the alleged victim without their permission. Consent has to be given knowingly and willingly; anything less is considered as being given ‘against the person’s will.’

Consent must be voluntary, meaning you should not force, coerce, or manipulate anyone into giving consent. If your victim refuses to be touched, any further touching would be considered as touching the person against their wish if he/she had withdrawn consent to that type of contact. Moreover, if a person cannot consent due to unconsciousness, drunkenness, or disability, then any contact is considered sexual battery.

Even though your victim could be too afraid to resist your non-consensual physical contact because you have threatened or intimidated them, you could still face charges for Penal Code 243.4 violations.

Sexual Abuse

Sexual abuse, under California Penal Code 243.4, refers to any sexual conduct directed toward another person without their consent. This term incorporates a very broad spectrum of sexual misconduct, which may include, but is not limited to, touching, fondling, or groping of the private parts. The motive behind these actions is critical; it has to be for the purpose of sexual desire, sexual satisfaction, or to demean the victim.

Sexual abuse is also different from other types of abuse in that it does not necessarily entail physical harm or coercion. The abuse happens when you violate your victim’s rights, body, and personal boundaries.  The law acknowledges the fact that while the physical impacts of the act may be negligible, the psychological effects may be severe. Thus, the sexual acts that fall under these parameters can be considered as sexual battery.

Unlawful Restraint

Unlawful confinement, per California Penal Code 243.4, means to confine or detain your victim against their will or against their wish. This can be done using physical aggression, intimidation, or any other way that makes it difficult for your victim to escape your sexual acts or to be able to move.

In the case of sexual battery, unlawful restraint involves restraining the victim so that you can touch their intimate parts for your sexual gratification. For example, Jane is pinned down, locked in a room, and prevented from getting away or overpowered not to run away. Joe then touches her vagina to fulfill his sexual urge. This is sexual battery achieved through unlawful confinement.

An Accomplice

An accomplice in a sexual battery case under California law is a person who knowingly contributed to the crime or encouraged it. This person does not have to sexually batter anyone to be prosecuted for the crime as defined by the law. Even if the person only helps in planning the attack, holding down the victim, or waiting for the right moment to stop the victim from escaping, they become accomplices.

California law also holds accomplices to the same level of culpability as the one who actually performs the sexual battery. That is why an accessory can be charged and convicted for the same crime even if they did not physically touch the victim. The main consideration is whether the individual had the knowledge and intention to engage in the criminal act and further the commission of the crime.

Penal Code 243.4 Subsections

California Penal Code 243.4 outlines subcategories that classify various types of sexual battery, each explaining the conditions under which the crime may take place. You must comprehend these subsections if you are being accused of sexual battery because they determine the nature of the crime and the consequences that you could face.

Sexual Battery and Restraints (Penal Code 243.4(a))

Under Penal Code 243.4(a), sexual battery takes place when you intentionally touch the sexual or genital area of another person without their permission, with your victim being confined unlawfully. “Unlawfully restrained” means that the victim’s mobility was controlled through force, threats, or otherwise. The restraint does not have to be severe; it counts as long as the victim cannot move around freely. This subsection is usually prosecuted as a felony because the act is considered to have been done while the victim was restrained, which elevates the crime to a more severe offense.

Sexual Battery on a Person Who is Medically Disabled or Institutionalized (Penal Code 243.4(b))

Penal Code 243.4(b) deals with cases where the victim is confined in an institution or has a physical disability. This subsection makes it a crime to commit sexual battery against an individual who is confined in a hospital, nursing home, or institution. The law also acknowledges that people in these situations may be especially helpless and incapable of protecting themselves or refusing due to their physical or mental state. Therefore, when engaging in sexual battery under this subsection, the act is considered very serious in most cases, leading to harsher penalties.

Sexual Battery Under False Pretense (Penal Code 243.4(c))

Penal Code 243.4(c) comes into play when you, through deception, persuade your victim that touching intimate parts is for a professional or medical purpose. For example, if James lies about being a doctor and convinces Rachel, a lady suffering from joint pains, to allow him to examine her but sexually examine her, then this is considered a PC 243.4(c) violation. This crime is deceitful, betrays the victim’s trust, and exploits their vulnerability.

Sexual Battery by Forcing Your Victim (Penal Code 243.4(d))

Under Penal Code 243. 4(d), it is unlawful to compel your victim to touch themselves or another person erotically. This subsection is exceptional in the sense that it does not entail the defendant having direct physical contact with the victim and yet forces the victim to engage in sexual acts against their wishes. The force or pressure used in these cases can be in the form of threats, pressure, or even physical force, making it a serious crime.

Sexual Battery (Penal Code 243.4(e)(1))

Penal Code 243. 4(e)(1) is the most commonly charged subsection, and it is a misdemeanor sexual battery. You violate PC 243.4 when you touch the private part of your victim without their consent. This subsection does not involve elements such as kidnapping or confinement of the victim or the victim being in a place such as a hospital or school against his or her will. Though it is regarded as less severe as compared to the other subsections, it is still a criminal offense that can attract stiff penalties such as imprisonment and a compulsory sex offender registry.

Penal Code 243.4 Statute of Limitation

The statute of limitation for sexual battery under California Penal Code 243. 4 specifies the period within which the prosecution must present the charges against you. Charges must be filed within this time; otherwise, you cannot be prosecuted for the alleged offense.

For a misdemeanor sexual battery, the general period of limitation is one year. This means that the prosecution has to present charges against you within one year from the time the alleged offense was committed.

For felony sexual battery charges under other subsections of PC 243.4, the statute of limitation can extend to 3 years. This extended period also enables the police to conduct more investigations and charge more severe cases, such as those involving unlawful restraint or cases where your alleged victims were medically disabled or institutionalized at the time the offense was taking place.

However, you should note that there are also some exceptions and extensions to these time limits. For example, if the alleged victim is a minor or the crime was not discovered until later due to unavoidable circumstances, the statute of limitation may be extended.

Consequences for Penal Code 243.4 Violations

Penal Code 243.4 is a wobbler, and depending on how you committed the crime, your criminal history, and the severity of injuries sustained by your victim, you could face misdemeanor or felony charges.

Misdemeanor Penalties

If you are convicted of misdemeanor sexual battery under PC 243. 4(e)(1), the penalties may include a county jail sentence of up to six months, fines of up to $2000, and a 10-year mandatory sex offender registration. Nonetheless, if the victim was your employee at the time of the offense, the fine could rise to $3,000.

Sometimes, the court may release you on 5-year probation instead of serving time in jail. Parole is usually given with some conditions, such as doing community services, attending counseling sessions, and having no communication with the victim.

Felony Penalties

For felony sexual battery under the other subsections of PC 243. 4, the penalties are much more severe. They include two, three, or four years in prison, fines of up to $100,000, and lifelong mandatory registration as a sex offender.

Legal Defenses to PC 243.4 Accusations

To be charged with sexual battery under California Penal Code 243.4 is overwhelming, as a conviction could result in life-altering consequences. However, it is crucial to understand that the accusations do not equal the convictions. In any case, it is possible to fight the charges and defend your rights and the future with the help of proper legal assistance. Some common defenses include the following:

Consent was Given

Consent is arguably one of the most effective forms of defense in a sexual battery case if it is given voluntarily and without coercion. If the accused can prove that the other person agreed to engage in the act, this may be enough to have charges dropped. Your lawyer could present evidence, such as text messages and CCTV footage, showing that the alleged victim gave consent to being touched.

No Sensual Touching

Your lawyer could help you prove that the alleged touching did not happen or that, if it did, it was not sexual. To secure a conviction, the prosecution has to show that the touching was done on the intimate parts of the body and it was done with the intent to arouse, gratify, or abuse the victim sexually. If your lawyer could prove that the touching was unintentional, accidental, or otherwise not motivated by sex, then this could help to dismiss your charge of sexual battery.

You are a Victim of False Accusations

False allegations are common in cases of sexual battery, and they are made primarily out of revenge, anger, or misunderstanding. Sometimes, a person can make a false accusation just to have an upper hand in a divorce, child custody, or other family-related issues. Your defense attorney can try to expose inconsistencies in the accuser’s testimony, seek evidence that would disprove the allegations, and prove your innocence.

Mistaken Identity

Another defense that may be employed in sexual battery cases is that of mistaken identity. This situation can prevail where the alleged victim mistakenly identifies you as the perpetrator or where the police arrest the wrong person. Your charges could be dismissed if there is an alibi or some other form of evidence that can show that you were not the one involved in the incident in question.

Find a Criminal Defense Attorney Near Me

Facing sexual battery charges under California Penal Code 243.4 can be a somewhat overwhelming situation. A conviction of the same can lead to life-altering changes. In both sexual, battery misdemeanor, and felony cases, the consequences are stiff; they include imprisonment, fines, and your registration as a sex offender. Such penalties may follow you for the rest of your life, affecting your ability to find a job, integrate into society, or even form relationships.

You, therefore, want to seek the services of a reliable and experienced attorney. An experienced attorney will be able to evaluate the circumstances, analyze the prosecution’s case, and develop a workable defense strategy given your situation.

In case you or a person you know is accused of sexual battery in San Diego, California, you want to seek the help of a legal professional without delay. The Law Offices of Anna R. Yum is here to provide you with the kind of defense that you need. Our attorneys understand the laws of sexual battery in California and are committed to fighting for your rights. Call us today at 619-493-3461 to book a consultation with our attorneys and start the process of asserting your legal right and defense.