The Difference Between Assault and Sexual Assault in California
Many may think assault and sexual assault are the same things. Here’s the difference between assault vs sexual assault in California.
Assault and sexual assault are two crimes tried differently in the state of California. Both have unique legal definitions and legal consequences. In California, there are 8.6 million sexual assault survivors and 104,756 aggravated assault cases annually.
Legal Definitions and Penal Codes
Assault is classified under penal code 240 in the state of California. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
Sexual Assault is classified under penal code 243.4:
“A person who touches an intimate part of another person against the will of the person touched can be guilty of sexual battery.”
California Penal Code 242 battery causing serious bodily injury:
The penalty consists of a misdemeanor sentence with six months in county jail and a $2,000 fine.
The felony penalty consists of two to four years in prison.
California Penal Code 245(a)(1) Assault with a deadly weapon:
Penalty consists of a misdemeanor sentence with one year in jail and a potential felony jail sentence of two, three or four years.
California Penal Code 217.1(a) Assault on a Public Official:
Penalty consists of a misdemeanor sentence with one year in county jail and a potential felony sentence of sixteen months to three years.
California Penal Code 244 Assault with Caustic Chemicals:
Penalty consists of a felony and two to four years in state prison.
Criteria for an Assault Conviction
To be guilty of an assault under penal code 240, the following criteria must be met:
- Do something that would result in applying force to a person; AND,
- Do the act willfully; AND,
- Be aware of facts that should make you realize your act would result in applying force; AND,
- Have the present ability to apply force; AND,
- Possess no legal excuse.
Simple assault in the state of California is a misdemeanor and can result in 6 months in county jail, a $1,000 fine, or both.
Legal Defense Against an Assault Charge
- The defendant was defending themselves or someone else.
Ex: Lucy was attempting to harm Joe, so Lisa told Lucy she would hit her if she did not leave Joe alone. In this case, Lucy would not be convicted. - The defendant did not have the ability to use force.
Ex: A defendant states they will hit someone from across the street. Since, the defendant does not possess the present ability to apply force, the defendant would be acquitted. - The defendant did not act purposefully
Ex: The defendant accidentally runs into a person at a snowboarding event. Since the defendant did not act purposefully they would be acquitted. - The accusation is false
Ex: Two friends get into an argument and the defendant is accused of assault. However, the accusation is not true. This can result in an acquittal.
What Qualifies as Sexual Assault
- Sexual assault can include rape, which is defined as unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body parts, or foreign object, without the consent of the victim.
- Attempted rape
- Any form of sexual contact with an individual who is unable to consent
- Sexual contact with a minor
- Any form of sexual contact, such as fondling above or under clothing that is non-consensual
- Exhibitionism, which can be defined as public nudity
- Sexual threats
- Watching a sexual act without the consent of all parties involved
- Sexual coercion, which is defined as tricking, pressuring, or non-physically forcing an individual to commit a sexual act.
Legal consequences depend on the form of sexual assault committed. Depending on the severity of the assault, a defendant could land up to eight years in prison and a $10,000 fine in California.
Related: Sexual Assault vs. Sexual Harassment in California
Legal Defense against Sexual Assault Claim
- The Defendant is innocent
Ex: The defendant was in a different location at the time of the sexual assault. - The Defendant received consent
Ex: Both parties gave clear verbal or written consent to the sexual activities they partook in. - The defendant was told their sexual partner was over the age of 18.
Ex: There is evidence to suggest that the defendant had a reasonable reason to believe that the other party was 18 at the time of the sexual interaction. - The defendant is mentally insane or incapacitated.
Ex: The defendant was unable to understand the criminal implications of their action due to a mental disorder. Most states will treat a defendant more leniently if this defense is applied during a trial.
Resources for Sexual Assault Victims in California
- Local Police Department.
A victim’s local police department will take a statement. If the perpetrator is known the legal process will begin immediately if the victim chooses to proceed. - Victim Services Unit
- Pro Bono Attorneys
California has several pro bono law firm services for California residents who are victims of sexual assault. Some are listed here: One Justice, Peace Over Violence, and Victim Rights Law Center.
FAQS
Is sexual assault a common issue in California?
California’s rape crisis center served 31,790 survivors of sexual violence in the state during the fiscal year of 2011 to 2012. It is estimated that there is 8.6 million survivors of sexual assault in the state of California. There are 2 million female victims of rape in California. 5.6 million women victims of sexual assault other than rape reside in the state of California. Around 3 million men who are survivors of sexual violence reside in California.
Does sexual assault result in mental health issues?
The McGill Journal Of Medicine reports that the lifetime prevalence of PTSD for women who have been sexually assaulted is 50% (10). Moreover, sexual assault is the most frequent cause of PTSD in women, with one study reporting that 94% of women experienced PTSD symptoms during the first two weeks after an assault (9).
How many sexual assault victims report don’t report sexual assault?
Rape is the most underrated crime. It is estimated that 63% of sexual assault cases go unreported. Only 12% of child sexual abuse is reported. False reports of sexual assault range from 2% to 10%.
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