California sex crimes are extremely prevalent. In California alone, there are more than 150,000 assaults every year, and nearly 86% of women report having been sexually assaulted in their lifetime. Here is everything you need to know about California sex crime categories and penalties
What Constitutes Assault?
Individuals guilty of assault must meet certain criteria under California Penal Code 240. Penal code 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” They must:
- Do something that would result in applying force to a person; AND,
- Do the act willfully; AND,
- Be aware of facts that should make them realize their actions would result in applying force; AND,
- Have the present ability to apply force; AND,
- Possess no legal excuse.
Depending on the severity of the assault, there are varying levels of punishment for a simple assault conviction. In the state of California, assault is considered a misdemeanor, which means it carries a maximum sentence time of six months in prison, a maximum fine of $1,000, or potentially both.
What Constitutes Sexual Assault?
In California, sexual assault is covered as per California Penal Code 243.4 (a). Sexual assault, which may also be referred to as sexual battery, is defined as when “any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse.” In any case regarding sexual violence, which is the larger umbrella term which sexual assault falls under, one of the critical components is consent, or rather a lack thereof. In Under California law, a lack of consent can include any of the following:
- Occurring directly against the victim’s will (i.e., the person says “no”);
- The victim is unable to consent or resist (e.g., due to a disability.);
- The victim is unaware of the act and cannot consent (e.g., unconsciousness, intoxication);
- The victim is defrauded into consent (e.g., the perpetrator poses as a medical professional and initiates sexual contact under false pretenses).
Since sexual assault may vary widely on a case-by-case basis, California distinguishes between the types of assault by categorizing them into four distinct groups:
- Misdemeanor sexual battery (Penal Code 243.4 PC): Misdemeanor sexual battery offenses involve intimate touching without consent for sexual gratification, such as groping or touching without permission. Misdemeanor sexual battery charges carry a maximum jail time of one year and a maximum fine of $2,000.
- Felony sexual battery (Penal Code 243.4 PC): Felony sexual battery refers to sexual battery in more severe circumstances, which can include but are not limited to retraining the victim, defrauding into consent, or sexual battery against a disabled individual. A felony sexual battery conviction may carry a maximum sentence of 4 years in prison and a maximum fine of $10,000.
- Rape (Penal Code 261 PC): Rape is defined as any non-consensual sexual intercourse (involving penetration), whether by force, threats, or fraud. A conviction carries a sentence of 8 years in prison.
Aggravated sexual assault of a child (Penal Code 269 PC): Aggravated sexual assault of a child is defined as a sexual act, such as rape, sexual penetration, sodomy, or oral copulation on a child under 14 when the child is at least seven years younger than the perpetrator. A conviction carries a sentence of 15 years to life in state prison.
Related: Sexual Assault vs. Sexual Harassment in California
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.
Contact Us
If you or a loved one would like to learn more about California Sex Crimes, get your free consultation with one of our Women’s Rights Attorneys in California today!