Sexual Battery

To prove that a defendant is guilty of felony sexual battery, the prosecution must prove that:
(1) the defendant, or an accomplice, unlawfully restrained the alleged victim,
(2) while the alleged victim was restrained, the defendant either
(a) touched an intimate part of the alleged victim, or
(b) caused the alleged victim to touch his or her own intimate part, or caused the alleged victim to touch the intimate part of the defendant or someone else,
(3) the touching was done against the alleged victim’s will, AND
(4) the touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.

An intimate part is a female’s breast or the anus, groin, sexual organ or buttocks of anyone. Someone is unlawfully restrained when his or her liberty is controlled by words, acts, or authority of another and the restraint is against his or her will. A touching is done against a person’s will if that person does not consent to it. To consent, a person must act freely and voluntarily and know the nature of the touching. A person is an accomplice if he or she is subject to prosecution for the identical crime charged against the defendant. Someone is subject to prosecution if he or she personally committed the crime, or if
(a) he or she knew of the criminal purpose of the person who committed the crime, and
(b) he or she intended to, and did in fact, aid, facilitate, promote, encourage, or instigate the commission of the crime, or participate in a criminal conspiracy to commit the crime. (CALCRIM No. 935; Cal. Penal Code §§ 242, 243.4)

There are several different crimes related to sexual battery. The specific crime charged will depend on the facts and circumstances of each case and the prosecution’s theory of the case. The elements explained above only relate to one variation of this crime, felony sexual battery, and are intended to provide general information regarding some of the most common issues presented in such cases.

If you or someone you know has been charged with any type of sexual battery, contact The Scranton Law Firm and speak with one of our experienced California criminal defense attorneys today. Consultations are always free!