Sexual battery can be charged as a misdemeanor or a felony
Recently, the news has been filled with headlines of famous and powerful men being accused of sexual harassment and abuse. Women and men alike are stepping forward to make allegations against directors, producers, comedians, actors, politicians, journalists and others. While many applaud the bravery of those who are speaking out, still others question whether the accused are getting a fair chance to defend themselves against the mob mentality that often takes hold when these accusations are made.
Many of these allegations made involve something less than sexual assault or rape, leaving many to wonder if crimes have been committed in these cases. While each case involves its own sets of facts and circumstances, it is important to know the difference between various types of sex crimes under California law — including how a person might be able to defend against these crimes.
In California, sexual battery is the touching of the intimate part of another person, against that person’s will, for purposes of sexual gratification, arousal or abuse. The touch can occur directly or through clothing. An intimate part is defined to include a woman’s breast, or anyone’s anus, groin, sexual organ or buttocks. If the person being touched (1) is unlawfully restrained; (2) institutionalized for medical treatment and is seriously disabled or medically incapacitated; (3) unaware of the nature of the act because the person fraudulent stated that the touching was for a professional purpose; or (4) made to masturbate or touch the intimate part of the perpetrator or another person, under any of these circumstances, the crime will be filed as aggravated sexual battery.
Sexual battery can occur in any number of ways. For example, if a person fondles another person’s breasts or buttocks without permission, that would be considered sexual battery. This would be the case whether the fondling occurred above the clothes or on bare skin. In the same situation, if a second person held the alleged victim down while the first person fondled another person’s breast or buttocks, it would be aggravated sexual battery, and charged as a felony.
Sexual battery can be charged as either a misdemeanor or a felony, depending on the circumstances of the crime. Misdemeanor sexual battery carries with it a penalty of up to one year in jail and a fine of up to $2,000, while felony sexual battery carries with it up to four years in California state prison and a fine of up to $4,000.
There are potential defenses to the crime of sexual battery. First, your Orange County criminal defense attorney can argue that the person in question consented to the touching. An element of the crime is that the touching must be done against that person’s will. If the person consented, then a crime has not been committed. Your attorney may also argue that the allegations or false, or that there is simply no evidence that the alleged crime occurred. The specific defense will depend on the facts of each case.
If you have been charged with sexual battery or another crime, you will need the expert legal advice of an Orange County criminal defense attorney. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
