Facing allegations of sexual assault is a heavy burden to bear. Such accusations could severely impact your life, career, and legal standing. When navigating the California justice system, you want a seasoned lawyer to help build a robust defense and legally support you.

At Sex Crimes Attorney, we can fight for your rights if you or a loved one faces sexual assault charges in California. We understand the intricacies of such cases, and our team will leave no stone unturned. Our seasoned criminal defense lawyers are well-equipped and trained to assist you in achieving a favorable outcome.

The Meaning of Sexual Assault Under California Law

California law, as outlined in Penal Code 243.4 PC, defines sexual assault. Sexual assault is the deliberate act of touching another person's intimate parts without consent. The touching must be done for sexual arousal, sexual gratification, or sexual abuse. Unlike the crime of rape under Penal Code 261 PC, sexual assault does not necessitate engaging in actual sexual penetration or intercourse.

Moreover, what sets sexual assault apart is its broader scope. It encompasses any intentional contact with intimate body parts, whether directly or through clothing, with the intent of sexual arousal or gratification. So, even if you are in an ongoing sexual relationship with the accuser, you can still be charged with sexual assault if such touching occurs without consent.

Aggravated Forms of sexual assault

While sexual assault is typically classified as a misdemeanor, it can be elevated to a felony under specific circumstances known as aggravating factors. These factors include:

  1. Unlawful restraint.
  2. Institutionalization for medical treatment.
  3. A false representation of a "professional purpose.".
  4. Forcing the victim to "masturbate or touch" themselves or someone else.

These aggravating factors can significantly impact the severity of charges and potential penalties associated with sexual assault.

  • You “Unlawfully Restrained” the Victim

When You unlawfully restrain your victim, you restrict their freedom of movement against their will. Restraining can include the following:

  • Using verbal threats or intimidation to limit the victim's liberty.
  • Physically preventing the victim from moving freely.
  • Exercising authority to restrict the victim's movements against their will.

For example, A teacher invites a student into an empty classroom, closes the door, and places a chair against the door to block it. In this case, the teacher's actions extend beyond physical force. They unlawfully restrained the student by using their authority and creating a private situation. This can lead to charges of sexual assault if further inappropriate actions, for example, unwarranted touch, occur.

Restraint can be legal if it is done by a lawful authority, such as the police, for a legitimate purpose, such as making an arrest. In such cases, the restraint remains lawful as long as it aligns with the purpose of the legal authority.

  • The Victim Was “Institutionalized for Medical Treatment”

When individuals are described as "institutionalized for medical treatment," they are in a medical treatment facility, hospital, or nursing home for health-related reasons. However, this factor alone is not enough to trigger felony charges.

The victim must have a severe physical or sensory disability to qualify as "seriously disabled." This can encompass many conditions that significantly impair the victim's physical or sensory functions.

In addition to being seriously disabled, the victim may also be considered "medically incapacitated." This designation applies when the victim's condition is such that they are rendered incapacitated by prescribed medications, including sedatives or anesthesia.

  • You Falsely Represented That the Touching Served a “Professional Purpose”

Sexual assault can become a felony when you falsely represent that the touching serves a "professional purpose." A critical element of this aggravating factor is the false representation made by the accused.

Specifically, it involves the accused misleading the victim into believing the touching is conducted for a legitimate, professional purpose. Such purposes may include medical or treatments.

For example, as a doctor, you may inform a patient that touching their intimate parts is necessary for medical treatment when, in reality, it is intended for your sexual gratification. In this case, the false representation of a professional purpose is evident.

The law acknowledges the importance of trust in professional relationships, especially concerning personal boundaries and consent. It seeks to protect individuals from being exploited under the guise of professional necessity. This factor can lead to the enhancement of sexual assault charges to felony status, as it involves an element of deceit and manipulation in committing the offense.

  • You Caused the Victim to “Masturbate or Touch” Another Person

Another form of aggravated sexual assault occurs when you compel the victim to "touch or masturbate an intimate part" of you or another person. This applies if the victim was unlawfully restrained or institutionalized and seriously disabled or medically incapacitated.

Legal Definitions

These definitions provide the framework for how sexual assault is understood and prosecuted under California law.

  • Touch

Under sexual assault laws, "touch" refers to physical contact with the victim's intimate parts. This contact can occur in two ways:

  • Directly, where the accused physically touches the victim's private part.
  • Through clothing, involving either the clothing of the accused or the alleged victim.

For felony sexual assault charges, the definition of "touch" becomes more stringent. It involves making physical contact with the bare skin of the victim. This contact can occur directly or through the accused's clothing, like in misdemeanor cases.

A critical distinction is that for felony sexual assault, the accused must touch the victim's bare skin. This heightened requirement reflects the severity of the offense and underscores the importance of protecting individuals from unwanted and invasive physical contact.

Also, for misdemeanor sexual assault, the victim is the person who is touched. So, you cannot argue that they were forced to touch the victim, as this scenario falls under aggravated forms of sexual assault.

  • Intimate Part

"Intimate part" is legally defined as specific human body areas. These areas include:

  • A female's breast.
  • The anus.
  • The groin.
  • The sexual organ.
  • The buttocks.

The legal definition precisely delineates the body parts considered intimate within the context of sexual assault laws. It underscores the gravity of unwanted and invasive physical contact with these specific areas and the potential legal consequences that may follow.

  • Against the Will of the Other Person

"Against the will of the other person" means that the victim did not consent to the specific act of physical contact. For consent to be valid, it must be given freely and voluntarily, with the person fully understanding the nature of the act to which they consent.

Even if a victim initially consents to a physical act, the absence of true consent can be argued if you fraudulently represent that the touching served a professional purpose. In such cases, the victim did not fully understand the nature of the act due to the fraudulent representation, rendering their initial consent invalid.

The law emphasizes the importance of consent for any physical contact of an intimate nature. Without valid consent, any act of touching, even if it does not involve sexual penetration or intercourse, can be deemed sexual assault if it is against the other person's will.

  • Sexual Abuse

Sexual abuse refers to the intent to cause harm, injury, humiliation, intimidation, or pain to another person's intimate parts. In other words, it involves actions meant to cause suffering or distress in the victim's intimate areas.

An act can be classified as sexual abuse even if you were not motivated by a desire for sexual gratification or pleasure. The key element is the intent to harm or cause suffering to the victim's intimate parts.

The definition emphasizes that it is not limited to sexual pleasure but extends to any act intended to harm or cause discomfort to another person's intimate areas.

  • Unlawful Restraint

Unlawful restraint, within the context of sexual assault, occurs when you control the victim's freedom of movement through words, actions, or authority. Importantly, this restraint must be against the victim's will.

The following are elements of unlawful restraint:

  • Control of Freedom of Movement. Unlawful restraint involves actions by the accused that limit or control the victim's ability to move freely. This control can manifest through various means, including physical force, threats, or authoritative actions.
  • Against the Victim's Will. Crucially, the restraint must be contrary to the victim's wishes. If the victim is unwillingly subjected to restraint, it qualifies as unlawful under the law.

  • Accomplice

An accomplice, or "aiding and abetting," refers to an individual who knowingly and intentionally participates in a criminal act alongside the primary perpetrator. They engage in actions that facilitate, promote, encourage, or instigate the commission of sexual assault.

Key elements of being considered an accomplice include:

  • The accomplice must know that the primary culprit is committing a criminal act.
  • The accomplice knows about the criminal activity and intends to assist or encourage it. It can involve actively helping in the sexual assault or encouraging the primary culprit to commit it.
  • Accomplices can also be involved in a joint effort or conspiracy to commit sexual assault. This means they collaborate with the primary culprit in planning or executing the offense.

Accomplices are subject to prosecution in the same manner and with the same penalties as the primary perpetrator. So, individuals who actively participate in the commission of sexual assault are held accountable for their actions, even if they are not the primary culprits.

Legal Defenses To PC 243.4 Charges

When facing PC 243.4 charges in California, you will need a lawyer’s help building a defense strategy. These defenses can significantly impact the outcome of a case and potentially lead to reduced charges or even an acquittal.

You Had Consent

Consent, in the context of sexual assault, refers to the willing and voluntary agreement of the alleged victim to engage in the specific sexual act or touching in question. It can be a powerful defense strategy if the accused can establish that the alleged victim willingly and freely consented to the act.

The defense of consent does not always require explicit verbal consent. In some cases, the accused may argue that they had a reasonable belief that the alleged victim was consenting. This belief should be based on the circumstances and actions of the alleged victim that led the accused to believe there was mutual agreement.

Gathering evidence supporting this claim is crucial to asserting the defense of consent effectively. This evidence can include:

  • Conversations or messages that indicate mutual agreement can be valuable evidence.
  • If there were witnesses to the encounter who could testify that the alleged victim willingly participated, their statements could be significant.
  • The alleged victim's behavior before, during, and after the incident can provide insight into whether they willingly participated.
  • Character witnesses who can attest to the alleged victim's past behavior and credibility may be called upon to bolster the defense's case.

On the flip side, the prosecution may seek to challenge the defense's claim of consent by arguing that:

  • The alleged victim was incapable of giving valid consent, such as due to intoxication, mental incapacity, or being under the influence of drugs.
  • The accused used fraud, force, or coercion to obtain what appeared to be consent but was not freely given.

Consent is a complex issue in sexual assault cases. It requires thoroughly examining the facts, including the specific actions, statements, and circumstances surrounding the alleged incident. Successfully using consent as a defense often hinges on skilled legal representation and a comprehensive understanding of California's laws regarding sexual assault.

In conclusion, asserting that you had valid consent is a crucial defense strategy in PC 243.4 cases. It burdens the prosecution to prove beyond a reasonable doubt that consent was absent. Understanding the intricacies of consent as a defense is essential when facing such charges in California.

There Was No Sexual Touching

In California, to secure a conviction for sexual assault, the prosecution must show that you engaged in sexual touching as defined by law. Your act must involve touching someone else’s intimate part against their will and for sexual arousal, gratification, or abuse.

When asserting the defense of no sexual touching, you and your legal team will typically argue that the touching was not motivated by sexual intent. For example, you could argue that any contact was accidental or unrelated to sexual gratification.

You could also contend that you did not touch the alleged victim with the intent of causing sexual arousal, gratification, or abuse. If the act had a different purpose or no sexual motive, it may not meet the legal criteria for sexual assault.

Your lawyer could help you gather evidence that supports your claim of no sexual touching. These include:

  • Witness Testimonies - Statements from individuals present during the incident can testify that the touching was not sexual.
  • Demonstrating that you did not intend to engage in sexual touching. It could involve presenting evidence of your state of mind, statements made at the time, or actions that suggest a lack of sexual motivation.
  • Circumstantial evidence, for example, you could argue that you and the alleged victim had a non-sexual reason for physical contact.

The defense of no sexual touching challenges the prosecution's ability to prove the elements of sexual assault. It burdens the prosecution to demonstrate beyond a reasonable doubt that the touching was sexual and that it met the legal criteria for sexual assault.

You Were Falsely Accused

Being falsely accused of a crime as serious as sexual assault can have severe consequences, including damage to your reputation and legal penalties. In such cases, a strong defense is paramount to protecting your innocence.

False accusations of sexual assault can arise from various circumstances, including misunderstandings, personal vendettas, or attempts to gain leverage in legal disputes. Regardless of the motive behind the false accusation, you want to be prepared to defend against it.

It can be a powerful defense if you can provide an alibi, proving you were not present at the location or time of the alleged incident. Collect evidence that contradicts the accuser's claims, for example, through text messages, emails, or witness testimonies that support your version of events.

Investigate whether the accuser had a motive to fabricate the allegations. For example, uncovering personal disputes, financial interests, or other reasons for making false claims. Identify any inconsistencies in the accuser's statements. If their account of events changes over time or contains contradictions, it can weaken their credibility.

Present character witnesses who can vouch for your reputation and integrity, showing that the alleged behavior is out of character. The prosecution carries the burden of proving your guilt beyond a reasonable doubt. So, if there is any doubt about the accuracy of the accusations or the accuser's credibility, a jury should acquit you.

Punishment for Sexual Assault

If you face allegations of Penal Code 243.4 violations in California, it is natural to be concerned about the potential legal consequences, including the possibility of going to jail.

Misdemeanor Penalties for sexual assault

Facing a charge of misdemeanor sexual assault attracts various penalties, which may include:

  • Not more than a one-year jail term.
  • A fine not exceeding $2,000.
  • Misdemeanor probation.
  • Mandatory sex offender counseling.
  • Restitution to the accuser, if applicable.
  • Sex offender registration for ten years.

Felony Penalties for sexual assault

If facing a felony charge, the penalties can be much more severe. These include:

  • A prison sentence between 2 and 4 years.
  • A fine not exceeding $10,000.
  • Formal probation.
  • Mandatory sex offender counseling.
  • Restitution to the victim, if applicable.
  • Lifetime sex offender registration.

Statute of Limitations for PC 243.4 in California

For most cases of sexual assault in California, the general statute of limitations is six years. The prosecution has up to six years from the alleged offense date to file charges against the accused. However, this is a general guideline, and exceptions exist.

Exceptions to the General Statute of Limitations

If DNA evidence becomes available that identifies the perpetrator after the six-year statute of limitations has expired, prosecution may proceed. The exception is referred to as a "hit on DNA."

If the victim of the sexual assault was a minor at the time of the offense, California law extends the statute of limitations. In such cases, charges can be filed within ten years of the crime or by the victim's 40th birthday, whichever comes later.

Sometimes, victims of sexual assault cannot immediately realize they have been victimized. In such cases, the statute of limitations could begin when the victim discovers or reasonably should have discovered that they were sexually assaulted.

Can I be Sued for sexual assault?

In California, sexual assault is a serious criminal offense, but it can also lead to civil liability, where the victim may sue you for damages. Criminal cases are brought by the government’s prosecution against the accused. The aim is to punish the offender through fines, probation, or imprisonment. The burden of proof is "beyond a reasonable doubt," which is a high standard.

On the other hand, civil cases are filed by the victim/ plaintiff against the alleged perpetrator/defendant. The goal is to seek compensation/ damages for harm suffered. The burden of proof is lower, typically "by a preponderance of the evidence," meaning it is more likely than not that the defendant is liable.

Related Crimes to sexual assault

The prosecution could charge you with offenses related to sexual assault. These offenses could be in the place of or along with Penal Code 243.4 charges. These related crimes are:

Rape, California Penal Code 242

While sexual assault involves unwanted sexual touching, rape, a grave offense under California Penal Code 261, encompasses non-consensual sexual intercourse. Rape is a felony in California and carries severe penalties, including imprisonment for three to eight years, mandatory registration as a sex offender, or being subject to parole or probation supervision upon release from prison.

The prosecution must prove several essential elements beyond a reasonable doubt to secure a conviction for rape in California. The elements include:

  • You engaged in sexual intercourse with the alleged victim.
  • The sexual intercourse occurred without the consent of the other party. Consent is the central issue in rape cases and must be freely and voluntarily given by both parties.
  • The victim could not provide legal consent due to mental incapacity, intoxication, unconsciousness, or another factor that rendered them incapable of resisting or refusing.
  • In some cases, the prosecution must also establish that you used force, fear, or threats to accomplish the sexual intercourse.

Battery, California Penal Code 242

Under California PC 242, battery is a criminal offense involving the willful and unlawful use of force or violence upon another person. Elements of the crime are:

  • You engaged in a willful act, such as hitting or striking, against another person.
  • Your willful act used force or violence upon the alleged victim.
  • Your actions were directed at another individual without their consent.

Find a Sex Crime Attorney Near Me

If you are battling sexual assault allegations and require legal counsel, contact a seasoned attorney. At Sex Crimes Attorney, we possess specialized expertise in defending individuals accused of sexual assault or closely related offenses. Thanks to our knowledge, skills, and resources, we could mount a robust defense on your behalf. Connect with us today at 888-666-8480 to schedule a no-cost consultation because your voice deserves to be heard.