What Is Sexual Battery?

California Penal Code § 243.4 states that any person who touches another person’s intimate parts—anus, groin, buttocks, or breasts of a female—against their will for the purpose of sexual arousal, sexual gratification, or sexual abuse is guilty of sexual battery. You don’t have to be the one who committed the act to face the consequences, either.

Accomplices are sentenced similarly to the person who committed the act. So, if you’re accused of restraining the alleged victim while sexual battery was committed, you’ll face the same penalties as the alleged perpetrator.

When Else Could You Face Sexual Battery Charges in Oakland?

California law includes other instances when someone could face sexual battery charges, specifically when talking about who the alleged victim was and how the incident occurred. These scenarios include the following:

  • Touching the intimate parts of someone who’s institutionalized or medically incapacitated
  • Touching someone who’s unconscious because the accused fraudulently represented that the touching was medically necessary
  • Forcing someone to touch the intimate parts of the accused or a third party

You Could Face Charges for Related Sex Crimes

Sexual battery is often paired with other related sex crimes like rape or battery. California Penal Code 261 states that rape is when someone engages in sexual intercourse against another’s will. Additionally, California Penal Code 242 states that battery is any willful or unlawful use of force or violence upon another person.

So, you can see how both of these crimes could get attached to sexual battery. Someone might claim that your unwanted touching led to nonconsensual sex or the encounter involved willful or unlawful use of force or violence.

What Are the Penalties for Sexual Battery in Oakland?

Sexual battery is a wobbler crime, which could be charged as a misdemeanor or a felony, depending on the circumstances. The age of the victim, previous criminal history of the accused, and other factors determine the charges you could face.

Here are the following penalties for a misdemeanor and felony offense:

  • Misdemeanor – Six months or a year in the county jail; fines up to $2,000
  • Felony – Imprisonment in the state prison for two, three, or four years; fines up to $10,000

If the alleged victim was a minor under 18, you face felony charges for sexual battery. You could face misdemeanor charges if you’re an employer accused of sexual battery; however, your potential fines would increase to $3,000.

Collateral Consequences of a Sex Crime Conviction

In addition to jail time and fines, you’ll be required to register as a sex offender for ten years if you’re charged with a misdemeanor or possibly a lifetime for a felony conviction.

Convictions can also result in the loss of civil rights, such as voting or firearm ownership, and for non-citizens, may lead to deportation or denial of citizenship. Additionally, a conviction can harm relationships, social standing, and complicate child custody or family law matters. Professional licenses may be revoked, further hindering career prospects.

Your Defense Options for Sexual Assault Charges

Your situation isn’t hopeless. An Oakland assault lawyer could present your options and determine the best course of action to take when defending your case.

You might argue one or more of the following sexual assault defenses:

  • False Accusations – Accusers might lie and say you touched them inappropriately to assassinate your character. Whether it’s a toxic ex trying to get ahead in a custody battle or an employee taking revenge, they must prove you committed the crime.
  • Insufficient Evidence – Due to the nature of this crime, it could be challenging for your accuser to prove you committed sexual battery. They must prove beyond a reasonable doubt that you committed the act, and if they can’t establish every element of the crime, you could get your charges dismissed.
  • The Touching Was Consensual – You may have had an entirely consensual sexual interaction with someone who now claims your actions were undesired, leaving you to deal with hefty fines and a lengthy jail sentence.

Sexual Assault Charge FAQs

Can I be charged with sexual assault if the other person didn’t say ‘no’?

Yes, consent must be clearly given. If the person was incapable of giving consent due to intoxication, unconsciousness, or mental impairment, you could still face sexual assault charges even if they didn’t explicitly say “no.”

Do I have to register as a sex offender if convicted?

Yes, many sexual assault convictions in California require mandatory sex offender registration. Depending on the offense, this may be for 10 years, 20 years, or life.

Can sexual assault charges be dismissed or reduced?

It is possible to have charges reduced or dismissed depending on the evidence, the defense strategy, and the specific circumstances of the case. Common defenses include false accusations, mistaken identity, and consensual acts.

What should I do if I’m accused of sexual assault?

Immediately contact an experienced criminal defense attorney. Do not speak to the police without legal representation, as anything you say can be used against you.

What’s the statute of limitations for sexual assault in California?

The statute of limitations varies by offense. For example, there is no statute of limitations for rape if DNA evidence is available. Other sexual offenses may have a limitation period ranging from several years to no time limit, depending on the severity of the crime.

Contact a Sexual Assault Attorney in Oakland Today

Whatever charges you face, you should get help from an experienced sexual assault attorney today.