The phrase sexual battery has numerous definitions throughout the country. In some states, for example, it is another term for rape. In California, however, the term is defined in PC 243.4. That statute, which falls under the general heading of “Assault and Battery,” says that if you touch an intimate part of another person for purposes of sexual gratification against the will of that person, or while that person is restrained, unconscious or institutionalized, you are guilty of sexual battery, also referred to as sexual assault. This is generally a wobbler and may therefore be filed as a misdemeanor or a felony.

If you are facing a sexual battery charge, it is important to understand the elements of the offense. Exactly what does the prosecution need to prove in order to obtain a conviction? This is the first step in examining the strength of the case against you, and the existence of any defenses to the charge.

Sexual assault/battery in California is defined as:

• This consists of physical contact, and it can be either through the skin or through clothing.
• An intimate part of another person. This can include not only the sexual organ of the other person, but also the anus, groin, or buttocks, as well as the female breast.
• For purposes of sexual arousal, abuse, or gratification. To prove this element of the offense, the prosecution may use statements made by you, or the purpose may, in some cases, be inferred from the act itself, from the defendant’s demeanor, or from excitement of the sexual organ or even orgasm.
• While the person is restrained, against that person’s will, or in certain other circumstances. In the case of alleged lack of consent (i.e., sexual touching against a person’s will), the lack of consent must be proven. And this could occur even with a person with whom you have had an intimate relationship. To be restrained, it is not necessary to be tied up; restraint can be in the form of threats, abuse of authority, or even blocking passage away from the area. Moreover, consent given at one time may be withdrawn. In other cases, however, lack of consent is essentially presumed. Examples include touching a person who is unlawfully restrained; who is institutionalized for medical treatment and is either seriously disabled or incapacitated medically; or who is unaware of the nature of the act because the touching was fraudulently represented as serving a medical purpose.

Because of the nature of these types of charges, there may be a number of different defenses that may apply.

There are numerous possible defenses to a charge of sexual battery, depending upon the particular facts of your case. Because most sexual contact occurs in private, the credibility of the accused and the alleged victim are often key in the decision on guilt or innocence. If you were arrested for sexual battery, or even if you have simply been accused by an alleged victim, the possible defenses may include:

• This defense is relatively simple. The alleged victim says that you touched him or her sexually, and you say that there was consent to the touching or other activity. While this may often be the case where those involved have or had a pre-existing relationship, consent may be a valid defense even where the individuals involved are relative strangers. On the other hand, consent given may later be withdrawn, and the mere fact that the individuals had, for example, a sexual relationship at one time, does not necessarily mean that the touching was consensual.
• False Statements. In some cases, the accusation of sexual assault/battery is motivated by a desire to hurt or punish the accused and is without any factual basis. Where there are no witnesses, cameras, or other tangible evidence of assault, this may become a “he said, she said” issue.
• Accidental Touching. Not every contact with another person is intentional, and this applies to the touching of a person’s private parts. If you have ever been on a crowded elevator, for example, it is easy to see how an accidental touching can occur. But sexual assault requires intent, and where the touching is accidental, the requisite intent is lacking.

There are obviously a number of different defenses that can be raised, particularly where there are no witnesses, cameras, or other direct evidence of the offense.

If you are facing a sexual battery charge, the potential consequences are significant. You could be charged with a felony. If convicted, you will be required to register as a sex offender, and the conviction will follow you for the rest of your life. Do not try to handle your case alone, or with inexperienced counsel. Contact RJT Criminal Lawyer for a free consultation and an experienced analysis of the charges against you.