The crime of sexual battery is defined under the California Penal Code 243.4 as touching someone else’s private parts without their consent. Prosecutors are strict with individuals facing sex crime charges, and so are the courts. For the prosecutor to charge you with sexual battery, it must be evident that your unlawful touch of the victim was for sexual abuse, gratification, or arousal.

The penalties for this offense are often severe and life-changing. You risk facing sex offender registration, hefty fines, and lengthy jail term if the court convicts you under Penal Code 243.4. You need a competent Bakersfield criminal attorney to help you negotiate for reduced penalties. If you or your loved one faces sexual battery charges, the attorneys at the California Criminal Lawyer Group can assist you in creating a solid defense to challenge your charges.

Sexual Battery Under Penal Code 243.4

According to Penal Code 243.4, you could face sexual battery charges if you engage in any of the following activities:

  • You fake an incident that allows you to touch someone inappropriately, especially medical professionals providing medical care.
  • Touching another person suggestively and failing to stop when he/she protests against your actions.
  • Touching the intimate parts of a victim who is under medication or intoxicated for sexual gratification
  • Using threats or force to cause someone to touch your private parts

If the prosecutor accuses you of violating Penal Code 243.4, this statute requires evidence of the following elements:

You Touched The Private Parts of Someone Else

Touching is the first element of the sexual battery crime. Penal Code 243.4 defines touching as any contact with someone else’s body for sexual arousal or gratification. You could face criminal charges for simple battery for any form of contact. You will face criminal charges under Penal Code 243.4 (sexual battery) if the contact is with the private parts of the victim’s body. In this case, the private parts could be the female buttocks, the anus, breasts, or any other sexual organ. In addition, the touching could be direct or indirect using an object. You will still face sexual battery charges even if you use an object, like a cane, to touch the victim’s private parts.

Without Consent Of The Victim

Another significant element for sex offenses is consent. The prosecutor must prove that the victim did not consent to your touch. At times, someone's consent is ineffective. Therefore, touching someone else's private parts based on purported permission is insufficient to avoid a criminal charge. On the other hand, an individual could be deemed to have consented to the touching if he/she engages in an affirmative action that indicates cooperation.

Accepting to engage in a sexual act must be voluntary, but not through coercion and threats. You can still face the charges under Penal Code 243.4 if the prosecutor provides evidence that you fraudulently secured the victim's consent or by threatening the victim. However, when you have an attorney by your side, it can be hard for the prosecutor to prove this element in a situation where you reasonably believe the victim consented to the touch.

The Touch Was For Sexual Abuse, Gratification, Or Sexual Arousal

You could face charges under Penal Code 243.4 if the intention of the touch was for sexual abuse, gratification, or arousal. However, you cannot face charges for sexual battery if the aim of touching the victim was not sexually motivated. You should note that an intention to cause pain, humiliate, or hurt the victim will qualify as sexual battery under Penal Code 243.4.

Sexual Battery To A Patient In A Hospital

You could face criminal charges under Penal Code 243.4 if you touch the private parts of a patient in a hospital. According to this law, a hospitalized victim is a person under medication. In addition, the victim could be incapacitated or terminally ill.

The prosecutor must prove the following for you to face sexual battery charges:

  • The victim was hospitalized purposely for treatment, and he/she could not defend themselves because of disability or incapacitation
  • You coerced the victim to touch your private part or the victim's private parts
  • You touched the victim against their will and intended to abuse the victim or satisfy yourself sexually

This provision protects the rights of physically disabled or medically incapacitated persons. For example, even if the doctor is allowed to touch the patient during treatment, touching for sexual gratification can attract a charge of sexual battery under Penal Code 243.4.

Sexual Battery By Deceitful Representation

This means you falsely represented yourself to the victim as a person with good intentions and caused them to believe you, only to take advantage of them. You will only face battery charges if it is evident that you touched the victim’s private parts without their consent.

Penalties For Sexual Battery

Prosecutors often prosecute a violation of Penal Code 243.4 as a wobbler. In this case, the prosecutor could convict you of a misdemeanor or a felony. The law allows prosecutors to use discretion when deciding whether to charge sexual battery as a misdemeanor or felony. Some of the factors that the prosecutor considers include the following:

  • Your criminal record — The prosecutor will likely charge you with a felony if you have a prior conviction for a sex offense
  • The nature of your actions — Several contact forms could qualify as offensive touching. You will face misdemeanor or felony charges depending on the nature of the contact and your exact actions.

The prosecutor could charge a basic sexual battery as a misdemeanor if it does not have aggravating factors. A misdemeanor charge could attract the following penalties:

  • A jail term that does not exceed six months
  • A fine that does not exceed $2000. However, if the victim was your employee during the incident, you could face a fine that does not exceed $3000
  • Misdemeanor or informal probation that does not exceed five years

If you commit sexual battery on a hospitalized patient or restrain the victim for sexual battery, the prosecutor could convict you of felony sexual battery. A felony sexual battery charge attracts the following penalties:

  • Sex offender registration
  • Formal or felony probation
  • A fine that does not exceed $10,000
  • A jail term of two, three, or four years in state prison - however, if the victim suffered substantial bodily injury because of your actions, your jail term could be extended to five years.

Sex Offender Registration

Under California law, you must register as a sex offender if convicted of certain offenses. For example, the most severe penalty you can face for the crime of sexual battery is sex offender registration. Your penalty could also be enhanced if the prosecutor charges the crime as a felony. If the court imposes the sex offender registration requirement, you must visit a local police agency and register after securing your release from prison or custody. The law enforcement agency will forward your details to the Department of Justice. You must also update your report yearly as a registered sex offender and every thirty days if you do not have a permanent residence.

The following are details required during the sex offender registration:

  • Your name
  • Your identification photo and your physical description
  • The crime for which you were required to register
  • The year of your charge
  • Your complete or partial address

You will begin the mandatory minimum registration after your release from custody. However, if you commit an additional crime or are incarcerated for another crime, this registration will be put on hold.

Generally, your life could be affected once you register as a sex offender. First, you could face profound stigmatization from the community. When people discover you have registered as a sex offender, their interactions with you will change. A sex offender registry is a public record, just like a criminal record. Potential employers could use your registration status to discriminate against you once they perform a background check on you. Additionally, the police will always come after you whenever sex or violent offenses happen in your area.

Probation For A Penal Code 243.4 Conviction

Upon a sexual battery conviction, the judge could impose fines, probation, or incarceration. Probation usually serves as an alternative to a jail term. The court can impose probation for a misdemeanor or felony charge. You can serve an informal probation for a misdemeanor charge; the probation does not exceed three years. If the prosecutor convicts you of a felony, you could serve felony probation.

You must adhere to certain conditions when you are on probation. For example, the court could order you to:

  • Submit to random searches of your person or residence.
  • Undergo random drug testing.
  • Enroll in a rehabilitation or sexual addiction program
  • Participate in community service
  • Avoid any misdemeanor or felony crimes while on probation
  • If you are on misdemeanor probation, you must regularly report your progress to the court. On the other hand, if you are on felony probation, you must meet regularly with the probation officer.

Defenses To Sexual Battery Charges

Sexual battery crime is among the most serious offenses under California law. However, facing an arrest and conviction under Penal Code 243.4 does not mean all is lost. An experienced criminal defense attorney can assist you in creating the best defense to challenge your charges. Your attorney could also help you avoid the severe repercussions that accompany a sexual battery conviction. The defenses you could present include the following:

Your Contact With The Victim Was Not Sexual

To face the charges under Penal Code 243.4, the prosecutor must prove that you touched the victim for sexual abuse, arousal, or to gratify yourself sexually. With the help of an attorney, you can prove that your contact with the victim was not sexual.

You Are a Victim Of Mistaken Identity

Many sex offenses happen in secluded areas or at night. A victim can wrongfully identify you because of the panic and trauma from the incident. You can present evidence proving your innocence if you believe the victim wrongfully identified you. An alibi will provide evidence of where you were at the time of the said crime.

You Are a Victim Of False Accusation

It is common for people to face criminal charges based on false accusations since no physical evidence is required to prove sexual battery. A person with a mental issue could accuse you falsely during the incident. Even people of sound mind could intentionally accuse you of sexual battery out of anger or for revenge. Somebody could raise false accusations against you since no recorded evidence or eyewitnesses exist.

Lack Of Sufficient Evidence

You can only face sexual battery charges if the prosecutor proves all the elements of the offense beyond a reasonable doubt. You can be convicted of sexual battery even if you only made a slight, unlawful touch. In this case, the lack of evidence of bodily injury alone is insufficient to fight this offense. However, the prosecutor has a hefty burden of proof to show that your actions amounted to an unlawful search. If the prosecutor fails to prove a violation of PC 243.4, the judge could order the trial to be put on hold until the prosecutor secures sufficient evidence. During this time, you should seek a release on bond and reach out to your attorney to create a defense.

The Victim Consented To The Act

Lack of consent is an essential element in most sex offenses. The prosecutor must provide evidence that the victim did not consent to the act for you to face charges. Especially in a situation where the victim is your domestic partner or spouse, you could easily claim that the person agreed to engage in the act. Still, a dispute caused them to accuse you of sexual battery. Proving a lack of permission or consent can be hard for the prosecutor. This defense can therefore assist you in avoiding a charge under Penal Code 243.4.

Statute Of Limitations For Penal Code 243.4 Charges

If the prosecutor accuses you of misdemeanor sexual battery, the prosecutor has one year to file criminal charges against you after the incident. On the other hand, if the prosecutor accuses you of felony sexual battery, the prosecutor has ten years to file criminal charges against you after the said incident.

Sexual Battery And Damage Recovery

Under California law, a victim of sexual battery has the right to file a lawsuit in civil court against you to seek compensation for any damages resulting from the crime. Some damages the victim could recover include medical bills, lost wages, loss of consortium, pain, and suffering.

A civil case is an additional action separate from the criminal conviction that you face. However, in a civil case, the victim must provide evidence showing that the accused violated Penal Code 243.4 and that the offense led to verifiable damages.

Typically, the law makes ''stealthing'' a crime. ''Stealthing'' is a type of sexual battery where you take off a condom during sexual intercourse without your partner's permission. If a stealthing victim suffers harm and injuries because of your act, the victim can file a civil lawsuit against you.

Related Offenses

Several related offenses can be filed alongside or instead of sexual battery. The offenses include:

Rape — Penal Code 261

Rape is outlined under Penal Code 261 as using threats, force, or fraud to have sex with someone else without their consent. If the prosecutor accuses you of rape, this law requires evidence of the following elements:

  • You engaged in a sexual act with someone else
  • The victim did not  consent to the act
  • You accomplished the act by force, fraud, retribution, fear, menace, coercion, or violence

According to Penal Code 261, ''sexual intercourse'' refers to any penetration, however slight, through the genitalia or the vagina by the penis. Often, ejaculation is not necessary for the act to be deemed sexual intercourse.

Consent is the key element in rape. For the victim to consent under the law, the victim must act voluntarily and freely and be aware of the nature of the act. In this case, the judge usually considers several factors to determine whether consent exists. It is unnecessary that your partner fights back or resists physically to pass the message of a lack of consent.

Prosecutors often prosecute rape as a felony. The penalties you could face include a jail term of three years, six years, or eight years in state prison. You could also be ordered to register as a sex offender. You could face more severe penalties if the victim is under 18 years old. If the victim suffered a significant bodily injury, the court could impose an additional sentence in state prison. The court could also impose an additional sentence if:

  • The victim suffered significant bodily injury.
  • You used violence or force.

Rape is an offense involving moral turpitude. If you are a non-citizen charged with this offense, you could be deported once you complete your jail term. Additionally, rape is always charged as a felony, and a charge could negatively affect your gun rights. In this case, you will not be allowed to own, possess, or purchase a gun. However, you could restore your rights through a governor's pardon.

The victim of rape could also file a personal injury case against you to seek compensation for damages, including:

  • Punitive damages
  • Lost wages and lost earning capacity
  • Insomnia, anxiety, pain, and suffering
  • Medical bills, including psychological counseling

The defenses you could present to challenge rape charges include the following:

  • You are a victim of false accusation
  • No sexual intercourse
  • The victim consented to the act

Statutory Rape — Penal Code 261.5

It is an offense under PC 261.5 for you to have sex with a minor under the age of 18. If the prosecutor accuses you of statutory rape, he/she must prove the following elements for you to face criminal charges:

  • You had sex with a minor below 18 years, and penetration was involved
  • The victim was not your spouse.

You will face statutory rape charges depending on the age difference between you and the victim. You will face misdemeanor charges if your age difference is not more than three years. The penalties could include the following:

  • A fine of $1,000
  • One-year jail term
  • Misdemeanor probation

You could face felony charges if you are three years older than the victim, and, in this case, the penalties you could face include the following:

  • A fine of $10,000
  • A jail term of 16 months to three years

Battery — Penal Code 242

The crime of battery is also known as the ''242 Police Code''. The crime of battery is defined under Penal Code 242 as the willful and illegal use of violence or force on someone else, even if it does not inflict actual pain or injury. If the prosecutor accuses you of battery, this statute requires evidence of the following elements:

  • You touched another person.
  • Willfully
  • In an offensive or harmful manner

You cannot face a battery conviction if the prosecutor fails to prove all the elements.

However, you could face charges under this statute if you physically contact someone else without causing them harm. You could also be accused of battery if you touch someone else through clothing or indirectly using an object.

You can only face battery charges under PC 242 if you acted voluntarily or intentionally. You do not need to show criminal intent to face charges under this statute. You only need to have acted on purpose. In addition, touch can only qualify as a battery if you do it in an offensive or harmful way. For example, touching is rude, disrespectful, or violent.

You will face misdemeanor battery charges if you commit battery that does not inflict serious injury and is not on a police officer or another protected person. The penalties you could face for battery include the following:

  • A fine that does not exceed $2,000
  • A jail term that does not exceed six months in a county jail
  • Summary or misdemeanor probation

The judge could also order you to enroll in counseling or community service, depending on the facts of your case.

The following are the defenses you could use to fight your battery charges:

  • Parental right to discipline a child
  • You did not act willfully
  • You acted in self-defense or defense of someone else

Find A Criminal Defense Attorney Near Me

You could face arrest and charges for touching another person’s private parts against their will. The potential penalties for sexual battery are severe and life-changing. If you or a loved one faces sexual battery charges, contact a skilled and experienced attorney. At the California Criminal Lawyer Group, we pride ourselves on advocating for our clients' rights. We will build a solid defense to challenge your charges and ensure the best outcome. Call us at 661-750-8230 to talk to one of our Bakersfield attorneys.