Sexual battery is a crime of domestic violence in California that can be charged against any intimate partner. California law defines intimate partners as people who are married, divorced, separated, dating, cohabitating, or who have children together. They may be homosexual or heterosexual. As a wobbler offense, sexual battery can be charged as a misdemeanor or a felony depending on the facts of the case.

An individual who touches an intimate partner for purposes of sexual arousal, sexual gratification or sexual abuse against that person’s will can be charged with misdemeanor sexual battery. Any physical contact constitutes touching in a sexual battery case. It is irrelevant whether the touching is accomplished directly or through the clothing of the defendant or the victim. Sexual battery charges will be filed even when the partners have been involved in a long-term relationship.

Misdemeanor sexual battery with no aggravating circumstances carries a maximum penalty of six months in jail and a $2,000 fine. If the victim is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

All crimes have specific elements or facts that the prosecution must prove beyond a reasonable doubt to secure a conviction against the defendant. Each element of the charge must be independently proven or the jury must return a vote of “not guilty.” A sexual battery conviction requires proof of three elements.

The first element is that the accused touched an intimate part of his or her intimate partner. The element does not require that an actual injury occur. The very definition of battery focuses on an unwanted touching. The presence of an injury only comes into play in regard to whether the charge will be a misdemeanor or a felony.

The second element is that the touching was against the will of the person touched. Any unwanted touching is sufficient, but this element is often the most difficult to prove because of the nature of sexual relationships. To effectively prove this element, the prosecution must show that the alleged victim was unequivocally clear that he or she did not want to be touched.

The third element in a sexual battery charge is that the accused touched the partner with the purpose of achieving sexual arousal, gratification or abuse. The prosecution will focus on the circumstances of the physical contact to prove this element.

A sexual battery charge can be levied under a variety of circumstances. If the touching takes place while the alleged victim is unlawfully restrained by the accused or an accomplice, or if the alleged victim is institutionalized for medical treatment and is seriously disabled or medically incapacitated, then these circumstances must also be proven. This proof must be provided in addition to proof of the three elements mentioned above. Also, it is a crime for an individual to force or cause a person in one of those situations to masturbate or touch another person.

California sexual battery charges are quite serious. Facing an accusation can be an emotional, stress provoking experience and a conviction can substantially alter the defendant’s life. To avoid these consequences, it is crucial that a person accused of sexual battery hires a skilled criminal defense lawyer who knows the most effective ways to refute this crime’s elements. The knowledgeable attorneys at the Kavinoky Law Firm have litigated hundreds of domestic violence cases including those involving sexual battery charges. They treat their clients with dignity and respect. Contact the firm today and get the necessary help to beat a sexual battery allegation.