Guide on Sexual Assault Laws in California
Nov 22, 2019 | Read Time: 6 minutes
California sexual assault laws define several aggravated forms of sexual battery that elevate sexual battery to a felony offense. However, the prosecutor generally can choose whether to file a misdemeanor or a felony charge. While reading through California’s sexual assault laws, keep in mind that a criminal defense lawyer helps protect people from charges like these. Although these laws act as a framework, results entirely depend on the specifics of a person’s situation. California Penal Code Section 243.4 defines sexual battery as touching the intimate part of another person against that person’s will and for the specific purpose of sexual arousal, sexual gratification, or sexual abuse. Sexual battery, also called sexual assault, is a criminal offense. Sexual battery is a misdemeanor offense unless an aggravating factor elevates the crime to a felony. Misdemeanor Sexual Assault: The Basic Crime of Sexual Battery In California, sexual assault is defined as touching the intimate part of another person against that person’s will and for the specific purpose of sexual arousal, sexual gratification, or sexual abuse. This is a misdemeanor sexual battery under the California sexual assault laws. “Touching” Another Person “Touching” means that the accused made physical contact with the victim. The physical contact might be skin-to-skin contact or through clothing. Touching for a misdemeanor sexual battery does not require that the accused touch the victim’s bare skin. Touching could include physical contact over the victim’s clothing. For felony sexual battery, the accused does need to touch the victim’s bare skin. The accused might touch the victim directly or through the accused’s clothing. Additionally, for misdemeanor sexual battery, the victim is the person touched. Misdemeanor sexual assault does not apply when the victim is forced to touch someone. An aggravated form of sexual battery discussed below could apply to these situations. Touching the “Intimate Part” of Another Person The “intimate part” of another includes any person’s anus, groin, sexual organ, or buttocks. The intimate part of a female also includes breasts. Against the Person’s Will Sexual battery occurs when the accused touches another person against their will. This means that the accused touched the victim without consent. A victim generally does not give consent if the accused represented themselves untruthfully. A victim also does not legally consent if the accused unfairly pressured the victim or misled the victim to think the touching was not sexual. In addition, an unconscious or heavily intoxicated person cannot give legal consent. Touching Another for a Specific Sexual Purpose Touching is for a specific sexual purpose when the accused intended to cause sexual arousal, gratification, or abuse. Sexual arousal and gratification relate to a person’s sexual pleasure. Sexual abuse means causing another to suffer pain, injury, or humiliation. Intimidation is also a form of abuse. Aggravated Forms of Sexual Battery California sexual assault laws define several aggravated forms of sexual battery. These aggravating factors could elevate the charge from a misdemeanor to a felony offense. California sexual assault laws define the following aggravating factors: The Accused “Unlawfully Restrained” the Victim Sexual assault is aggravated when the victim is “unlawfully restrained.” Restraining another means to control that person’s liberty (i.e., freedom of movement). If meant to deprive a person of their freedom, the perpetrator’s words, actions, or authority can also be considered “unlawful restraint.” Keep in mind that the restraint is unlawful if the restriction is against the person’s will. However, restraint is legal if a lawful authority (like the police) does it for a lawful purpose (like an arrest). The Victim was “Institutionalized for Medical Treatment” Sexually touching a person that is institutionalized for medical treatment can be illegal under California’s sexual assault laws. Institutionalized means that the person is in a medical treatment facility, hospital, or nursing home. This aggravating factor applies to seriously disabled or medically incapacitated victims. A person with a severe physical or sensory disability is “seriously disabled.” “Medically incapacitated” means that the victim is incapacitated by prescribed medications. These medications could include sedatives or anesthesia. The Accused Falsely Represented that the Touching Served a “Professional Purpose” Sexual assault can become a felony offense when the accused misled the victim to think that the touching served a professional purpose. A professional purpose includes medical and therapeutic treatments. For example, a doctor who tells a patient that touching the patient’s intimate parts is for medical treatment when it is really for a sexual purpose, falsely represents that the touching serves a professional purpose. The Accused Caused the Victim to “Masturbate or Touch” Another Person Another aggravated form of sexual assault occurs when the accused causes the victim “to touch or masturbate an intimate part” of the accused or another person. This form of aggravated sexual assault applies only if: The accused unlawfully restrained the victim, or The victim was institutionalized and seriously disabled or medically incapacitated. The accused can cause touching or masturbation through outright force or in more subtle ways. If this force or other manipulation is present, the assault could be charged as a felony. Charges Related to Sexual Assault Aiding and Abetting: Accomplice Liability Accomplices of sexual assault can be charged just as severely as the perpetrator. A person is an accomplice if the person knows the perpetrator is committing sexual assault and they aid, encourage, or facilitate the perpetrator in committing the crime. Rape: California Penal Code §261 This California sexual assault law, Penal Code Section 261.5, is the state’s statutory rape law. Rape is non-consensual intercourse with another person accomplished through threats, force, or fraud. Sexual assault does not require actual penetration or sexual intercourse as is required by the rape statute. Battery: California Penal Code §242 PC Criminal battery is “any willful and unlawful use of force or violence upon the person of another.” Battery applies to more types of conduct than sexual assault. For example, contact with another person may be a battery regardless of whether the touching was sexual or not. Also, under battery law, the contact does not need to be with a person’s intimate parts....
