What Are California’s Sexual Abuse Laws?
June 14, 2018Posted on: June 14, 2018
Crimes that are referred to as sexual assault are usually prosecuted through California’s sexual assault, or sexual battery, laws and regulations. These laws disallow nonconsensual touching of another person’s private parts or sexual organs. In order to prove a case of sexual battery or assault, the prosecutor will have to establish a few elements under California law. As a California native, it is beneficial to have an overview of California’s sexual assault laws if you are ever caught in a legal assault situation.
How Is a Sexual Battery Case in California Proven?
- The defendant touched the victim’s intimate parts while the victim was restrained in some way by the defendant or another person.
- The touching was non-consensual and against the victim’s will.
- The defendant intended to engage in the unwanted touching for the purpose of sexual arousal, sexual gratification, or sexual abuse. If the victim was touched for a non-sexual purpose, such as a physician conducting an examination, it could be difficult for the prosecutor to establish his or her case successfully without proof of the perpetrator’s malicious intent.
What Are the Specific California Sexual Assault Laws?
The most relevant law is California Penal Code Section 243.4, which addresses sexual assault and battery in the state. The law outlines the possible penalties and defenses, as well as a clear definition of what sexual assault is and what is considered an intimate or private part. Possible penalties include a misdemeanor of sexual battery, which is punishable by up to six months in jail and a $2000 fine. You can also be charged with a felony for sexual battery, which can involve imprisonment for up to 4 years and fines for up to $10,000.