California Sexual Battery Laws

Sexual Battery in California refers to sex crimes not typically covered by rape statutes, such as sexual assault. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In California, sexual assault is divided into several subcategories under Penal Code section 289. Definitions of sexual assault include:

• “committing an act of sexual penetration when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person,”
• “committing an act of sexual penetration when the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat,” and
• “committing an act of sexual penetration, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act or causing the act to be committed.”

Penalties for Sexual Battery in California 

The penalties for sexual battery in California depend on the charges issued and the circumstances surrounding the crime

• Sexual assault penalties follow a prison sentence range of three, six, or eight years in prison, depending on the circumstances involved
• Three year sentences are typical of borderline crimes, where evidence may be weak or the prosecution is willing to bargain to settle a case
• Six year sentences are given as the midterm, while eight year sentences are sought in the more heinous sexual assault crimes.

Defense of a Sexual Battery in California 

The list of defenses for Sexual battery in California here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in California  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.