Sexual Assault Laws California – What To Expect and How To File a Lawsuit?
In the state of California, there are various laws in place that pertain to sexual assault. These laws can be confusing and difficult to understand, especially for those who have never been through the legal process before. This article will provide an overview of some of California’s key sexual assault laws, as well as what you can do if you or someone you know has been affected by sexual violence.
Sexual Battery VS. Sexual Assault in California
In California, sexual battery is defined as any type of unwanted touching of another person’s intimate parts (including the buttocks, breast, or groin) for sexual gratification, arousal, or abuse. Sexual assault, on the other hand, is a bit broader and can encompass anything from rape to fondling.
The Difference Between Sexual Assault and Rape in California
Rape is a type of sexual assault that is defined as non-consensual sexual intercourse. This can occur either through the use of force, threats, or by taking advantage of someone who is unable to give consent (due to being unconscious, intoxicated, or under the age of 18).
Is Sexual Assault a Felony?
In the state of California, sexual assault is typically charged as a felony. If you are convicted of sexual assault, you could face up to 8 years in prison and be required to register as a sex offender.
San Diego Sexual Assault Misdemeanor
San Diego Sexual Assault Misdemeanor is a misdemeanor offense that can be charged when an individual commits a sexual act against another person without that person’s consent.
The Basic Crime Of Sexual Battery
In California, sexual battery is considered any type of touching on another person’s intimate body parts without that person’s consent.
Touching Someone
You can define touching as making any type of physical contact with another person, whether it is through clothing or skin-to-skin. It can also include sexually touching yourself if the other person is present and does not consent.
Touching Someone’s Intimate Parts
To be charged with sexual battery, the touching does not have to be on a bare body part. Touching through clothing is still considered sexual battery.
Touching Somone Against Their Will
The touching must also be done without the other person’s consent. Using force or threats to make the other person comply can result in additional charges, such as rape or sexual assault.
There are several ways that someone can commit sexual battery, and the penalties will vary depending on the case’s specific circumstances.
Touching Someone For A Specific Sexual Purpose
For a specific purpose, the person wanted to sexually arouse or gratify themselves, abuse the other person, or touch the other person for sexual purposes.
Touching an unconscious person can also be considered sexual battery. This is because an unconscious person cannot give consent to sexual activity.
Aggravated Forms of Sexual Battery
When it comes to sexual battery, there are a few different ways that the act can be classified. In some cases, sexual battery may be classified as a misdemeanor, while in other cases it may be considered a felony. The severity of the offense will typically depend on the age of the victim, the relationship between the victim and the perpetrator, and the nature of the sexual act itself.
Unlawfully Restrained
Sexual assault is a serious crime that can have lasting consequences for the victim. In some cases, the seriousness of the crime is increased by other factors, such as the use of force or the unlawful restraint of the victim. When a person is unlawfully restrained, it means that the perpetrator has control over the victim’s liberty or freedom of movement. The restraint can be imposed through the use of words, actions, or authority. It is important to note that the restraint is only considered unlawful if it is done against the person’s will. There are exceptions to this rule, however. If a lawful authority (such as the police) restrains a person for a lawful purpose (such as an arrest), then the restraint is legal. When considering whether sexual assault is aggravated by unlawful restraint, courts will look at the nature and duration of the restraint and any physical or psychological injuries suffered by the victim. If it is determined that the restraints were used unlawfully and caused significant harm to the victim, then the perpetrator may face enhanced penalties under the law.
Institutionalized For Medical Treatment
Being institutionalized for medical treatment can be difficult and emotionally trying. The last thing that a person in this situation needs is to be sexually assaulted by someone who is supposed to be helping them. Unfortunately, this type of thing does happen, and it is important to know that it is against the law in California.
A Victim Was “Masturbated Or Touched” By The Accuser
No one should have to go through the trauma of sexual battery. Unfortunately, this crime is all too common, and the effects can be devastating. The good news is that there are laws in place to protect victims and punish perpetrators. One of the most serious forms of sexual battery is aggravated sexual battery. This crime occurs when a victim is “masturbated or touched” by the accused without their consent. The penalties for this crime are very severe, and anyone convicted of the aggravated sexual battery will have to register as a sex offender. If this crime has victimized you or someone you know, it is important to get help from a qualified legal professional who can protect your rights and help you get the justice you deserve.
Charges Related to Sexual Assault
A person can be charged with sexual assault in several ways. The most common way is through the use of the criminal code.
Aiding And Abetting: Accomplice Liability
Sometimes, a person may be charged with sexual assault even if they did not directly commit the act. This is known as “accomplice liability” and applies when a person aids or abets another person to commission a crime. For example, if two people plan to sexually assault someone, and one of them actually carries out the assault, both of them can be charged with sexual assault.
Rape: California Penal Code §261
Rape is defined in California Penal Code 261 as an act of sexual intercourse that is committed by use of force, violence, duress, or fear of immediate bodily injury. To be charged with rape, the prosecutor must prove that the defendant engaged in sexual intercourse with the victim without the victim’s consent. If the defendant is convicted of rape, he or she faces a prison sentence of up to eight years. In addition, the defendant may be required to register as a sex offender. If you have been accused of rape, it is important to speak to an experienced criminal defense attorney who can help you protect your rights.
Battery: California Penal Code §242 PC
Battery is the willful and unlawful use of force or violence against another person. Sexual battery is a specific type of battery that occurs when the defendant touches the victim in a sexual manner without the victim’s consent. Sexual battery is a serious crime, and the penalties can be very severe. If you have been accused of sexual battery, you must speak to an experienced criminal defense attorney who can help you protect your rights.
Indecent Exposure: California Penal Code $314 PC
Indecent exposure is the intentional exposure of one’s genitals in a public place where other people are present.
Defending Against a Sexual Assault Charge
It’s no wonder that being charged with sexual assault can be a very frightening experience.
But if you believe you were wrongfully charged with sexual assault, it is important to remember that you have rights. You are presumed innocent until proven guilty and have the right to an attorney.
Consent Of The Victim
One of the most important elements of a sexual assault charge is consent. For a defendant to be guilty of sexual assault, the prosecutor must prove that the victim did not consent to the act. If the victim did not physically resist the act, that does not mean they consented. There are a variety of factors that can be looked at to determine whether or not the victim consented, including:
- The victim’s age
- The victim’s mental state
- Whether the victim was under the influence of drugs or alcohol
- Whether the victim was threatened or coerced into submission
Insufficient Evidence To Prove Sexual Battery
In some cases, the prosecution may not have enough evidence to prove that the defendant is guilty of sexual assault. For example, if the only evidence is the victim’s word against the defendant’s, that may not be enough to convict the defendant. In these cases, it is important to have an experienced criminal defense attorney who can challenge the prosecution’s evidence and help create reasonable doubt in the jury’s mind.
False Allegations By The Victim
Unfortunately, there are some cases in which a victim will falsely accuse someone of sexual assault. This can be for a variety of reasons, including revenge or attention-seeking. If you have been falsely accused of sexual assault, you must speak to an experienced criminal defense attorney who can help you clear your name.
Penalties for a Conviction Under California’s Sexual Assault Laws
The penalties for a sexual assault conviction can be very severe.
Penalties For Misdemeanor Sexual Assault
- Jail: Up to one year in county jail
- Probation: Up to five years on formal probation
- Fines: Up to $2,000
Penalties For Felony Sexual Assault
California has had a three-tiered system since January 1, 2021.
- Tier 1: For people charged with the lowest level of felony sexual assault offenses.
- Tier 2: Those convicted of mid-level felony sexual assault crimes face up to twenty years in state prison.
- Tier 3: For The most serious sex offenders.
Filing a Lawsuit Against the Attacker
You can file a lawsuit against your attacker using the directory of lawsuit.com. This website provides all the lawyer profiles, reviews, contact information, and other resources you need to find the best lawyer for your case.
Contact a Sexual Assault Attorney Today!
Frequently Asked Questions (FAQs)
How Many Years Is Sexual Abuse In California?
The sentence for sexual abuse in California will depend on the crime’s severity and the victim’s age. For example, if the victim is under 14 years old, the maximum sentence is 8 years. If the victim is over 14 years old, the maximum sentence is 4 years.
Is Sexual Assault A Violent Crime In California?
Violent crimes are offenses involving the use or threatened use of force against a person. So, yes, sexual assault is considered a violent crime in California.
Final Verdict
The California sexual assault laws are very harsh. If you have been accused of sexual assault, you must speak to an experienced criminal defense attorney who can help you clear your name.
Don’t hesitate to contact a sexual assault attorney today as sexual assault laws in California will get you justice.
