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Sexual Battery: Penal Code § 243.4 PC

by admin   May 10, 2018   Filed Under: Uncategorized

California law establishes certain legal procedures for addressing the actions of a person who may have physically contacted another person in a way that was unwanted and sexual in nature. It has been long recognized in the law that this is an illegal act, but there are now more precise definitions of the types of sexual touching that are prohibited and the severity of different acts. In general, sexual battery is a more serious offense against the law than is battery.

Proving Sexual Battery

Believe it or not, it is not that easy to prove sexual battery. There are a lot of hoops to jump through as it were. These offenses are very serious in nature, and yet we often do not have all of the evidence we need to prove something outright. This can leave a lot of people very frustrated with their legal situation as it stands in the courts today.

To prove sexual battery each of the four elements must be proven against the defendant:

1) The Defendant willfully restrained the victim against their will.
2) The Defendant touched an intimate part of the victim’s anatomy while restraining them, or they touched the victim with their own intimate parts
3) The touching was against the victim’s will
4) The touching was done for sexual pleasure of the Defendant or simply for the purposes of sexual abuse.

As you can see, there is a checklist of sorts that one has to go through in order to get to the point where they can say that they in fact did experience sexual battery. It makes life a little easier to be a defendant in this type of case.

Example Of Sexual Battery

Many of us may be able to conjure up an image of what a sexual battery situation may look like. However, real-life examples do not necessarily live up to the level of drama that we may place in the image in our minds. We often think of the utmost extreme cases instead of focusing a little more closely on what a typical case may actually look like. As it turns out, there are routine cases of sexual battery every day.

If a woman is grabbed against her will and her breast is fondled, that is a form of sexual battery. It may not be the first thing that we think of when we think of sexual battery, but this is absolutely a form of it. She is being held against her will in this case and having an intimate body part touched when she did not ask for that to happen. That is a sexual battery case. It doesn’t matter the venue or other circumstances necessarily, it meets the definition of sexual battery.

Defenses For Sexual Battery Charges

There are false accusations that occur in the realm of sexual battery. There is typically no physical evidence left of this crime when it occurs, so some people take this as their opportunity to make up false claims about those that they have a grudge against. Things can get very ugly from there as they are then putting a person in a spot where they may have to defend themselves against some very nasty accusations that they were not expecting to have to worry about.

There is also the issue of consent. If a person consents to being touched in a sexual way by another person, then there is no crime to prosecute. Each of the four elements mentioned above has to be met in order for the successful prosecution of the crime of sexual battery.

Hiring An Attorney

Among all possible crimes that a person could be charged with, sexual battery is one of the most serious. No one wants to have to be accused of doing something that they did not do. However, those accusations are even more damaging and serious when it comes to sexual battery. It is almost impossible to bounce back from that. A person could be in serious jeopardy when it comes to losing their job or facing other serious penalties. Worse of all, they could have to register on the sex offender list while also having to serve prison time. That is like a death sentence to any future opportunity at having a career.

It is critical to hire an attorney right away if you are charged with sexual battery or the like. There are many out there who are available to hire today. You want someone who is a strong advocate for your rights. You never know what the other side will try to throw at you to smear your name and reputation. Your best defense is to hire someone who is great at what they do in terms of defending you against such charges.