In California, sexual battery crime is a grave offense. In case you or your loved one have been accused of sexual battery, you're looking at a long jail sentence, as well as lifelong enrolment as a sexual offender. Sexual battery regulations in California are complicated and difficult to understand.

Sexual assault laws are sometimes confused with molestation or rape statutes. Despite the fact that the phrase sexual battery sounds similar to molestation or rape, the laws forbidding such behavior are unique. That is the reason why you should hire the services of a sex crimes attorney as soon as possible. If you are facing charges of sexual battery, we invite you to contact us at Riverside Criminal Defense Attorney Law Firm to help defend you.

Definition of Sexual Battery Under California Law

Various activities that add up to the offense of sexual battery are defined under California law. In California, you could be accused of a misdemeanor or felony sexual battery in case you do one or all of the below:

  • Fondling, in an illegal sexual way, an individual who is institutionalized or medically disabled

  • Forcing another person to engage in unlawful sexual contact with you or someone else

  • Fondling another individual in an illegal sexual way while they are restrained

  • Fondling another individual in an illegal sexual way under false pretenses

  • Fondling another individual in an illegal sexual way without the above-mentioned circumstances

  • Fondling another individual in a sexually inappropriate way when they are detained

Under California law, sexual battery involves any individual who touches a private part of some other individual while the person in question is illegally held captive by the offender or a third party, and also if the fondling is contrary to the desire of the individual being fondled and is considered for sexual enjoyment, sexual abuse, or sexual arousal.

Touching an Individual Who is Institutionalized in a Sexually Inappropriate Way

In case you "fondle a private part of someone who is in a medical institution for clinical analysis and is medically indisposed, if the fondling is contrary to the desire of the individual being fondled, and also if the fondling is considered for sexual enjoyment, arousal, or abuse," you commit sexual battery under California law.

Touching Another Individual in an Illegal Sexual Way Under Deceptive Pretenses

In case you "touch a private part of someone else for the grounds of sexual enjoyment, sexual abuse, or sexual arousal, and the person is unaware of the deed because the accused dishonestly portrayed that the fondling offered a professional reason," you could be charged with sexual assault. For instance, if you're a medical professional and you touch a sick person with sexual desire during a medical checkup, you could be charged with a sexual battery offense.

Forcing Someone to Touch you or Another Individual in a Sexually Inappropriate Manner

Sexual battery is defined as “causing another person, against their will, to touch an intimate part of either of them for the need of sexual enjoyment, sexual abuse, or sexual arousal, while the person is illegally held captive by the defendant or an associate, or is seriously medically incapacitated for clinical treatment, to touch a private part of them for the purpose of sexual enjoyment, sexual arousal, or sexual abuse.”

Touching Another Individual in an Illegal Sexual Way Without the Above Mentioned Circumstances

If you fondle a private part of someone else without the desire of the individual touched, for the distinct reason of sexual enjoyment, sexual abuse, or sexual arousal, you can be convicted with a misdemeanor sexual battery offense under California law.

Sexual Battery Investigation Process

Unwanted sexual touching, attempted rape, sexual touching, or forcing a person to perform a sexual act are all accusations of a sexual battery offense. For these to be termed sexual battery, they must take place without the victim's consent or when the victim lacks the ability to consent owing to mental illness, temporary incapacitation, or age.

When investigating a crime, law enforcement does not assume the accused is guilty. That is not their responsibility. When the police are called to investigate a crime, their job is to discover the guilty party and the evidence needed to prove their innocence. As a result, the sexual battery investigative procedure may adopt an adversarial approach to the accused. When the police acquire information about a probable sexual battery, they frequently consult with the victim, associates, and witnesses before questioning the accused.

In many circumstances, detectives will not contact the accused until they believe they have enough information to conduct a successful questioning of their target. if you are accused of sexual crimes, you will be frequently astonished to learn that you are being investigated, as the alleged illegal conduct may have taken place days or weeks before detectives contact you.

if you are accused of sexual battery you will be startled by police conduct during your investigations, and law enforcement organizations use a range of approaches to investigate sexual battery cases. During a sexual battery investigation, the following are some common occurrences:

  • During questioning, police lie to the accused or make false statements

  • Conversations between the accused and the alleged victim are secretly recorded by police

  • Police try to elicit an apology or an incriminating response from the accused by sending text messages from the claimed victim's phone to the accused

People accused of sexual battery, particularly those who have no prior criminal history, are often surprised by how biased the inquiry process can be. Few individuals are aware, for example, that lying to the police during an interrogation or interview is totally permissible. However, if an accused citizen lies during an interrogation or interview, a number of negative consequences may occur, including the accused being charged with a separate crime (providing false information to law enforcement) and the information being used against the accused at trial to portray you as a liar and destroy your credibility.

When you, the accused, try to tell the truth during an investigation, your statements are frequently misread, misconstrued, and later used against you, especially if the testimony has any contradictions.

You may unwittingly support a victim's tale by supplying what appear to be insignificant details at first glance. You may merely acknowledge being in the same place as the victim, or you may agree to have had contact with the victim but claim it was consensual.

Investigators can use your confessions against you as an accused if you confirm any portion of the victim's account of events, even if they are minor details. To build corroboration, tenacious investigators weave little details into a larger image.

Investigations into sexual assault are terrifying. You usually don't find out you're being examined until it's almost over. Investigators have usually chosen whether or not to make an arrest by the time they speak with you. However, there are situations when the investigator will contact and interrogate you in the hopes of obtaining enough information to make an arrest. Concerned about your reputation and future, you may believe that if you simply tell the authorities what they want to hear, the inquiry and prospective charges would be dropped. Your decision at this moment is crucial; a poor decision could lead to a criminal conviction, time in prison, and a lifetime on the sex offender registry.

Common Defenses to Sexual Battery Charges

On your behalf, a professional defense lawyer may be able to present many defenses. Among the possible defenses are:

Insufficient Evidence

An experienced criminal defense attorney can question the prosecution's evidence and argue that there is insufficient evidence to sustain the claims of sexual battery leveled against you.

False Allegations

Because sexual battery claims do not require physical damage, accusing someone without proof is a simple offense. As a result, some people falsely accuse others of committing the crime out of vengeance or anger or to sway the outcome of a child custody fight.


False allegations defenses can overlap with the defense of insufficient evidence. In many cases, there is insufficient evidence because the purported victim made everything up or lied about not consenting to the action. In these situations, the prosecution frequently has little or no evidence to work with.

Consent

You should not be charged with sexual battery if you touched an adult person with sexual intent with their full knowledge and consent.

There was Nothing Sexual About the Touching

You should not be convicted of sexual battery if you touched someone else on their private part against their desire, but without the intention of sexual enjoyment, arousal, or abuse. Unintentionally touching an "intimate area of a person's body" during a physical confrontation, for example, does not fit the meaning of sexual violence.

What the Prosecutor Must Prove to Convict You

The prosecutor must show numerous components beyond doubt in order to convict you of sexual battery in California. Contingent on the kind of sexual battery charge you're dealing with, these factors will vary. These are some of them:

Sexual Battery Felony Charge Prosecution in California

For one to be charged with a sexual battery offense on an individual when they are bound, or by application of oppression under California law, the prosecutor should show beyond a doubt that you illegally bound a person and that while she or he was bound, you touched a private part of her or him, or you made her or him touch her or his own private section or of the accused or another individual and you touched this person contrary to her or his desire and that the fondling was for a distinct reason of sexual enjoyment, sexual abuse or sexual arousal.

A private part is described as the accused victim's groin, anus, buttocks, sexual organ, or a female’s breast for the purposes of a felony conviction. The purported victim's exposed skin had to have been touched. This means you must have directly or indirectly touched the alleged victim's exposed skin or the purported victim's bare skin should have directly or indirectly contacted yours.

Sexual Battery Prosecution on an Institutionalized Person in California

For one to be charged with a sexual battery offense on a confined person, the prosecutor should prove beyond a doubt that while the person was confined for clinical analysis and was severely medically indisposed, you touched a private part of her or him or you made her or him touch her or his private section or of a third person and that you also touched the individual against her or his desire and the fondling was the reason of sexual gratification, sexual abuse or sexual arousal.

Sexual Battery Prosecution by Deceitful Portrayal in California

To convict you of a sexual battery offense by deceitful portrayal, the prosecutor must establish beyond a doubt that you touched a private part of an individual’s body and that you acted in that manner with the aim of sexual gratification, sexual arousal, or sexual abuse and you deceitfully portrayed that the fondling was for a professional reason and that the individual touched wasn’t aware of any sexual essence of the deed due to deceitful portrayal.

Misdemeanor Sexual Battery Prosecution in California

To be charged with a misdemeanor sexual offense in California, the prosecutor must establish beyond a doubt that you touched a private part of another person against her or his desire and that the fondling was for the reason of sexual gratification, sexual arousal, or sexual abuse.

Punishment and Sentencing of Sexual Battery Under California Law

Sexual battery is considered a wobbler offense in California, which means it may be charged as a felony or a misdemeanor based on the certainty of one’s case, for example, the intensity of your deeds, or prior criminal record you could have.

Misdemeanor Punishment for Sexual Battery in California

In case you are charged with a misdemeanor sexual offense, you might face up to three hundred and sixty-four days in jail or you will pay a fine totaling $2,000 if you are convicted.

Felony Punishment for Sexual Battery in California

In case you are charged with a felony sexual offense in California, you might face a sentence of 2, 3, or 4 years at the state prison and a fine of a sum totaling $10,000. You will be prosecuted for a crime in case you have a previous felony charge for a sexual offense on a minor, that is, someone under the age of 18.

Misdemeanor Sexual Battery Punishment in California

Sexual battery is a misdemeanor charge in California. In case you are convicted of a misdemeanor sexual battery violation, you might face a six-month jail sentence or a fine of $2,000. If the victim was a laborer of yours, however, you could face a punishment totaling $3,000 of fine if you are an employer.

Compulsory Sex Offender Registration in California

Apart from the above penalties, you would be compelled to enroll as a sex offender under California law if you are convicted of sexual battery. This is a once-in-a-lifetime obligation that requires you to declare your place of employment, home address, and other personal information to a local police agency once a year, or after every thirty to ninety days in case you are homeless.

You should also enroll as a sex offender with the college police if you attend college on a college campus. In case you are relocating to the state of California and your home state requires you to enroll as a sex offender, you will be compelled to do so in California as well.

Related Crimes to Sexual Battery

Certain offenses are closely connected to sexual battery, either because they are usually charged in conjunction with or instead of sexual battery. These are some of the offenses:

Battery

Battery law in California is defined as any uninvited touching, whether it is sexual or not. When for instance, you calmly take another individual’s hand and put that hand on one of your private parts, you have not defied California’s sexual battery law, because you did not touch any of their private parts, but you will have executed a battery, that is, assuming the other individual did not touch you on their own accord. This kind of sexual offense is a misdemeanor, meaning you will be punished by up to six months in jail and a fine of $2,000.

Rape

When you have non-consensual intercourse with another person using force, threats, or deception, you are in violation of California's rape law. This felony is distinguished from the sexual battery by the requirement of intercourse.

Rape is always a felony, punishable by up to eight years in state prison, plus additional time if the victim suffers a serious bodily injury or other aggravating circumstances. Under California's three-strikes legislation, it is also a "strike."

Frequently Asked Questions Under Sexual Battery Laws

Is it still considered a sexual battery if you don't get any sexual enjoyment or arousal as an outcome of the deed?

Yes, sexual abuse is defined by the courts as the fondling of a person's private parts with the intent to cause injury, pain, or distress. The offender does not have to reach any sexual enjoyment or sexual arousal.

What is always considered a “private part” of an individual?

A private part is defined as the crotch, reproductive organ, anus, or backside of any individual, female or male, or the breast under California sexual battery laws.

What qualifies as “touching”?

Touching is defined as any physical contact made with another person, either directly or indirectly, such as through clothing, under California law.

Does it count as a sexual battery in case I don't touch someone's exposed skin?

In a case where there is no exposed body contact, you could be charged with sexual battery, which is a misdemeanor. You must have made physical touching with the claimed victim's exposed skin in order to be charged with felony sexual battery.

Where can I get help if I have been the victim of sexual battery?

In case you or someone you know is in danger or requires emergency assistance, call 911.

How can I know if I or my partner has given their consent?

Consent is defined as words or acts taken by an individual who is competent to give well-informed consent, demonstrating a willingness to engage in a sexual act or any other activity listed in the definitions of sexual battery. If an individual is in a condition of incapacitation due to alcohol, drugs, intellectual or physical incapacity, or unconsciousness, he or she is unable to give permission.

Is it possible for me to report anonymously?

You will be able to file an anonymous report to most institutions, community agencies, and police departments. Please keep in mind that providing an anonymous report may limit the measures that the organization can take on your behalf.

What should I do if I've been sexually abused or know someone who has?

Sexual assault is a serious offense. Unwanted contact of any kind, whether sexual or not, is likewise illegal. If something like this happens to you or a loved one, call the cops right away. Demand that a detective with experience investigating sexual assault cases is assigned to the case. Many police departments have specialized units, such as sex crime squads, whose personnel are trained to gather the information that a uniformed officer would not be able to obtain. These skilled officers can also aid you in locating other agencies and individuals who can assist and support you during this trying time.

Regardless of how tough it may appear, you should seek and retain the services of a criminal lawyer with substantial expertise handling similar cases.

Find a Riverside Criminal Defense Attorney Law Firm Near Me

Sexual battery charges can have a significant detrimental impact on your work and social life. To ensure the best potential outcome, a thorough investigation of the conditions, circumstances, and parties involved should be conducted as soon as feasible.


If you have been charged with sexual battery, contact the Riverside Criminal Defense Attorney Law Firm right now to get a qualified analysis of the evidence and a solid defense strategy. Call us immediately at 951-946-6366.