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Understanding Sexual Battery: Charges, Penalties, and Defenses
Sexual battery is a grave crime that happens when an individual intentionally touches another person’s genital area or other secondary erogenous zones without the victim’s consent. This comprises any kind of sexual contact beyond penetration. Sexual battery is regulated under California Penal Code section 243.4 PC.
Accomplices are also subjected to sexual battery charges in Los Angeles, even if they weren’t the ones involved in the illegal touching. Evidence indicating that these individuals aided and abetted the other party can be enough for charges to go through. If you’re facing sexual battery charges in Los Angeles, it’s crucial that you consult a criminal defense attorney who specializes in this area of law immediately. A seasoned defense attorney will help you safeguard your rights and may work to achieve the possible outcome for your case.
Felony Sexual Battery
Circumstances that aggravate sexual battery offenses in California can result in more severe felony charges compared to misdemeanors. These circumstances include:
– The use of physical restraints
– The use of fraudulent misrepresentations that the touching is professional or therapeutic
– The involvement of an institutionalized or physically/mentally incapacitated individual
It’s important to note that felony sexual battery charges only apply when the touch involves the victim’s unclothed skin. An alleged perpetrator can also face felony sexual battery charges if they force another individual to touch them sexually when these aggravated circumstances apply. In their absence, the perpetrator who places another person’s hand on their intimate parts may have violated California Penal Code 242 PC, which defines battery, but not sexual battery.
Penalties for Sexual Battery
If the situation doesn’t include aggravating circumstances, penal code 243.4 PC violations are considered misdemeanors. The penalties involved include a fine of up to $2,000 and summary probation of up to five years. In cases where the victim was an employee of the perpetrator, the fine may increase to $3,000, with up to six months of jail time.
On the contrary, if the circumstances involve the use of physical restraints, fraudulent misrepresentations, or an incapacitated person, the penalties increase for felony sexual battery. The penalties for this crime include up to four years of state prison time, a fine of up to $10,000, and formal probation. If the victim experiences bodily harm during the sexual battery, the perpetrator may face up to five more years in prison.
Both misdemeanor and felony sexual battery convictions may require the perpetrator to register as a sex offender pursuant to California Penal Code section 290 PC, at the court’s discretion.
Legal Defenses for Sexual Battery
Sexual battery cases necessitate the plaintiff to prove accused guilt beyond a reasonable doubt. Meaning, they should offer valid evidence to corroborate allegations. Suppose there’s a lack of physical proof or evidence of a specific pattern of behavior. In that case, it increases the possibility that the charges can be reduced or dismissed altogether.
Defenses for sexual battery may include pointing out that the touching was consensual. If the alleged touching was based on the assumption of consent, you’re not guilty. A defense attorney can also argue that you touched another person accidentally’s intimate parts without the purpose of arousal, which falls outside California’s sexual battery definition. Moreover, wrongful accusations due to malice or a personal dispute can lead to charges being brought against an individual. Seeking legal assistance can still benefit them when charged with sexual battery because it’s a sensitive crime that requires specialized intervention.
The term “sexual battery” refers to an intentional act of sexual contact without the involvement or consent of the victim, which does not include penetration. It includes any sexual contact involving genitals or secondary erogenous zones. Penal Code 243.4 PC defines the relevant part of California law.
Sexual battery is a severe crime in Los Angeles, and it can lead to misdemeanor and felony convictions, with severe penalties. Table 1 below shows the various offenses and their possible penalties.
| Offense | Possible Penalties |
|---|---|
| Misdemeanor Sexual Assault | Up to six months in jail and a fine of up to $2,000. Summary probation of up to 5 years. Or with the victim was an employee of the perpetrator, the fine may increase to $3,000 |
| Felony Sexual Assault | Up to four years in state prison, a maximum fine of $10,000, and formal probation. If the victim sustained physical injury during the sexual battery, the perpetrator may face up to five additional years in state prison. |
It’s worth noting that the plaintiff must show evidence beyond reasonable doubt before being able to prove a charge of sexual battery. Without sufficient physical proof or evidence of another pattern of behavior, charges may be dismissed or reduced.
Under California law, specific conditions surrounding a sexual battery charge can lead to individuals being charged with a felony instead of a misdemeanor. Physical restraints and fraudulent misrepresentations about sexual touchings for a professional or therapeutic purpose are examples of these conditions. Another instance might involve institutionalized individuals, disabled individuals, or unclothed individuals.
Aggravating circumstances, such as using physical restraints, fraudulent misrepresentations, or involving someone who’s physically or mentally incapacitated, lead to more severe felony sexual battery charges.
| Aggravating Circumstances | Possible Penalties |
|---|---|
| Use of physical restraints | Up to four years in state prison and a fine of up to $10,000. Formal probation. |
| Using fraudulent misrepresentations | Up to four years in state prison and a fine of up to $10,000. Formal probation. |
| Involving institutionalized or physically/mentally disabled individuals | Up to four years in state prison and a fine of up to $10,000. Formal probation. |
It’s vital to note that touching must involve the victim’s unclothed skin to result in felony sexual battery charges. Moreover, perpetrators who force their victims to touch them sexually, as described under the aggravated circumstances, may also be charged with felony sexual battery.
Sexual battery is a challenging crime to prove since most of the time, there isn’t physical evidence. Anyone facing a sexual battery charge should consult a criminal defense attorney for such reasons. The following are possible legal defenses:
• The Accused Was Not Aware Of The Sexual Touching – Sexual battery requires intent. If someone did not intend to touch the victim sexually, it would be a defense against the charges.
• The Accused Believed That The Alleged Victim Had Given Consent – If the alleged victim had given consent that the accused honestly believed and relied on, it would be a strong defense to such charges.
• The Touching Was Accidental – Any touching that isn’t deliberate or caused by carelessness, such as bumping into someone, can be a legal defense against a sexual battery charge.
• Falsely Accused – There are many cases of wrongful accusations, where the motive is malice or personal disputes rather than an actual commission of a crime.
Your rights and freedom are at stake with sexual battery charges, and the accused should seek advice from an experienced criminal defense attorney for the possible outcome of the case.
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