California Sexual Assault & Battery
Penal Code (PC) section 243.4
Penal Code 243.4 PC, California's sexual battery law...alternatively referred to as California's sexual assault law...prohibits touching the intimate part of another person for purposes of sexual:
• arousal, or
Unlike the California crime of rape under Penal Code 261 PC, sexual assault does not require that the offender engage in actual penetration or sexual intercourse.
And it is important to understand that you can be convicted under California's sexual assault law even if you are involved with the accuser in an on-going sexual relationship.
Sexual battery can be charged as either misdemeanor or felony sexual battery or sexual assault.
Felony penalties may apply if the alleged victim:
• was unaware of the nature of the act because s/he was fraudulently convinced that the touching was for professional purposes (like, for example, medical or therapeutic purposes),
• was unlawfully restrained,
• was institutionalized and either medically incapacitated or seriously disabled, or
• was forced to masturbate or touch one of your intimate parts . . . or the intimate part of another person . . . under any of the above circumstances.
Examples of Felony and Misdemeanor sexual assault and sexual battery
Here are some examples of misdemeanor sexual assault:
• Intentionally fondling a female stranger's breast without permission, or
• Putting your hands on someone else's buttocks without first obtaining consent to do so.
Here are some examples of felony sexual assault:
•Holding someone down while you unbutton their pants and put your hand inside their underwear,
•A male therapist convincing his patient that she should allow him to fondle her bare breast in order to overcome her sexual inhibitions, and
•Convincing an institutionalized mentally ill person to masturbate in front of you.
Misdemeanor Sexual Assault-Battery. A conviction for misdemeanor sexual assault and, or battery carries a maximum county jail sentence of either six (6) months or one (1) year, depending on the circumstances...and a fine of up to $2,000 (or up to $3,000 if the victim was your employee)
Felony Sexual Assault-Battery. A conviction for felony sexual assault and, or battery subjects you to two, (2), three (3) or four (4) years in the California state prison and a maximum $10,000 fine.
It takes an experienced attorney to fight charges of sexual assault and, or battery. Often counsel must show that witnesses are mistaken or are outright lying, which takes cunning and a cool head, especially during cross-examination of such witnesses.
Some of the legal defenses that are available to fight a Penal Code 243.4 PC sexual battery charge include:
• Consent. That is, the victim consented to the acts that are being charged as sexual assault and, or battery.
• False allegations/ Innocence/Availability of an Alibi. To use this defense we must show the so called victim is lying or grossly exaggerating and the acts that are being charged as sexual assault and, or battery did not occur or occurred is a different manner than charged.
• Insufficient Evidence. There simply is not enough evidence to support a charge of sexual assault and, or battery. The witnesses may change their testimony, of their testimony may not be in accord with the physical evidence.
IF YOU ARE SUSPECTED OR CHARGED WITH SEXUAL ASSAULT AND, OR SEXUAL BATTERY, CONTACT THE LEE LAW GROUP AND WE WILL BEGIN FIGHTING FOR YOU.