Sexual Battery Charge Prosecution Process -California Penal Code 243.4
If you are facing a sexual battery charge under Penal Code 243.4 in California, it is important to understand what this crime entails. Our attorneys at Wallin & Klarich want to share with you what the prosecution needs to prove in order to convict you of this serious offense.
California Sexual Battery Charge – CA Penal Code 243.4(e)(1)
Under California Penal Code 243.4 it is illegal to touch an intimate part of another person against his or her will and for the purpose of sexual arousal, sexual gratification or sexual abuse. In order to convict you of this offense, the prosecution must prove the following:
- You touched an intimate part of the victim AND
- The touching was done against the victim’s will AND
- The touching was done for the specific purpose of sexual arousal, sexual gratification or sexual abuse
Sexual Battery Charge Due to Use of Unlawful Restraint – CA Penal Code 243.4(a)
If it is alleged that you restrained the victim during the course of the offense, the prosecution must also prove:
- You unlawfully restrained the victim AND
- While the victim was restrained, you touched an intimate part of the victim or caused the victim to touch an intimate part of you or someone else
Someone is unlawfully restrained when his or her liberty is controlled by words, acts, or authority of another and the restraint is against his or her will. Unlawful restraint requires more than just the physical force necessary to accomplish the sexual touching. The restraint itself is unlawful if it is done for an illegal purpose, such as means to perpetrate a sexual battery.
Sexual Battery by Fraudulent Representation – CA Penal Code 243.4(c)
If it is alleged that you used a false representation during the commission of the offense, the prosecution must also prove:
- You fraudulently represented that the touching served a professional purpose AND
- The person touched was not conscious of the sexual nature of the act because of the fraudulent representation
In order to convict you of a sexual battery charge under California Penal Code 243.4 (c), the prosecution must prove that you accomplished the touching by use of fraudulent representation, and that the victim was not conscious of the sexual nature of the act. A fraudulent representation is an act that is intended to deceive and mislead the alleged victim.
A person is not conscious of the sexual nature of the act if he or she is not aware of the essential characteristics of the act because the defendant fraudulently represented that the touching served a professional purpose when it did not.
Sexual Battery on Institutionalized Victim – CA Penal Code 243.4 (b)
If it is alleged that the victim was institutionalized at the time of the offense, the prosecution must also prove:
- While the victim was institutionalized for medical treatment and was seriously disabled or medically incapacitated, you touched an intimate part of the victim or caused the victim to touch an intimate part of you or someone else
In order to convict you of sexual battery under California Penal Code 243.4 (b), the prosecution must prove that the victim was institutionalized and either disabled or mentally incapacitated at the time of the offense.
Someone is institutionalized if he or she is a patient in a hospital, medical treatment facility, nursing home, acute care facility or mental hospital. Someone is seriously disabled if he or she has severe physical or sensory disabilities. Someone is medically incapacitated if he or she is incapacitated because of prescribed sedatives, anesthesia or other medication.
Sexual Battery Charge for the Touching of an Intimate Part
An intimate part is a female’s breast or the anus, groin, sexual organ or buttocks of anyone. In order to convict you of misdemeanor sexual battery, the prosecution only needs to prove that you touched an intimate part of the victim. However to convict you of felony sexual battery, the prosecution must prove that the contact was made with the victim’s bare skin. This means that:
- You must have touched the bare skin of the victim’s intimate part OR
- The victim’s bare skin must have touched your intimate part either directly or through your clothing
For example: You are at a local club and spot an attractive female on the dance floor. As you two are dancing, you lift up her skirt and press your crotch against her bare buttocks. Here, both types of touching are satisfied: 1. You made contact with the bare skin of the female’s “intimate” part (her buttocks) 2. In addition, you caused the victim’s bare skin to touch your intimate part (your crotch) through your clothing. Both forms of touching are sufficient to convict you of felony sexual battery.
However, the prosecution will have to prove the contact between you and the alleged victim was “against his or her will.”
Contact Between You and the Victim was Against the Victim’s Will
A touching is done against a person’s will if that person does not consent to it. To consent, a person must act freely and voluntarily and know the nature of the touching.
Sexual Battery for the Purpose of Sexual Arousal, Sexual Gratification or Sexual Abuse
The touching must have been for the purpose of sexual arousal, gratification or sexual abuse. This means that you must have touched the victim in a manner that would bring you some sort of sexual gratification, whether it be for your own personal pleasure or in the belief that the victim would be sexually aroused by your actions. In the alternative the touching can be for the purpose of sexual abuse, meaning that the touching was intended to cause the victim some sort of pain or sexual discomfort.
Contact a Sex Crimes Attorney at Wallin & Klarich Today
If you or someone you know has been charged with sexual battery in California, you need to contact an experienced sex crimes defense attorney who is dedicated to giving you the best representation possible.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you, no matter where you work or live.Drawing from our extensive experience, our talented defense lawyers will thoroughly review your case and develop an effective defense strategy to win it.
Let us show you how we protect our own. Call Wallin & Klarich today at (877) 466-5245 or fill out our confidential form today. We will be there when you call.