What Determines Sexual Assault in California?
Sexual assault is a tragically common occurrence in the United States. Here’s how to determine if you were sexually assaulted.
California law defines sexual battery (synonymous with sexual assault) as the touching of another person’s intimate parts against their will and for the purpose of sexual gratification. Therefore, as with many types of criminal acts, intent is key to determining the nature of a crime. If a person accidentally touches a person’s intimate parts or does so for any reason other than sexual gratification, that would not be characterized as sexual assault.
What is sexual assault?
The Department of Justice broadly defines sexual assault as any non-consensual sex act proscribed by federal or state law. In California, there are several definitions of what constitutes sexual assault (referred to as sexual battery in the legislation) along with the associated penalties. These definitions and penalties can be found in California Penal Code Section 243.4. The broadest definition in this statute describes sexual battery as any touching of another person’s intimate parts (such as breasts, genitals, buttocks, etc.) against that person’s will and for the purpose of sexual gratification. In law, an act has the purpose of sexual gratification if the intent was to stimulate the sexual desires/interests of the actor. While sexual battery can occur between any two individuals, if an employer sexually batters an employee, the potential penalties are greater than if the perpetrator is not the victim’s employer.
In general, a person is the victim of sexual assault/battery in California if an intimate part was touched by another person against their will and for the purpose of stimulating the offender’s sexual desires/interests. Notably, California law regarding sexual battery excludes rape; it is treated as a separate crime.
Related: Sexual Assault Laws in California
How to Determine if You Were Sexually Assaulted
As previously noted, in order to qualify as sexual assault, the unwanted contact must have been for the purpose of the offender’s sexual gratification. While this may be obvious in some cases, in others, the intent may be less apparent. For instance, a person may touch another person’s buttocks and claim it to be an accident. However, the victim may believe that it was in fact intentional and for the purpose of sexual gratification. If pursuing charges against a person in a situation such as this, the prosecution will have to prove that the contact was for the purpose of sexual gratification.
In regards to determining whether or not one was sexually assaulted (outside of courtroom prosecution), one should observe whether or not the individual exhibits a pattern of behavior that involves other unwanted sexual touching. For example, if this person “accidentally” touches other people’s intimate parts, then that suggests that it qualifies as sexual battery. In some cases, it may simply come down to a judgment call in which the victim decides based on the facts of the situation if they believe that the person’s intent was sexual gratification.
The Importance of Consent
Remember, for sexual touching to be sexual battery, it must be against the victim’s will. This means that a person must give consent prior to the act for it to be legal. Consent means that the person must have agreed to the act freely and voluntarily, as well as with full knowledge of the act. If a person coerces another into saying yes to sexual contact, or if the person does not provide an affirmation or is unable to provide an affirmation, then consent was not given and sexual assault has occurred.
FAQs About Sexual Assault in California
How is sexual assault defined in California?
Broadly, California law defines sexual battery (synonymous with sexual assault) as the touching of another person’s intimate parts against that person’s will and for the purpose of sexual gratification.
Does intent matter?
Yes. For unwanted sexual touching to be considered sexual assault/battery, the perpetrator must have committed the act for the purpose of sexual gratification.
What if I said yes to sexual touching, but I was coerced into saying yes?
In this situation, you did not provide consent and most likely were sexually assaulted.
Is rape different from sexual assault?
In California, rape is not considered to be sexual battery. It is a separate crime.
Is sexual battery a felony?
Sexual battery in California is a “wobbler”, which means it can be either a misdemeanor or a felony depending on the particular crime.
Do I need a lawyer?
If you believe you were sexually assaulted/battered and wish to press charges, contact Her Lawyer to be put in touch with an experienced sexual assault attorney who will represent you.