Forms of sexual assault are categorized under legal definitions and penal codes. Here’s what is considered sexual assault in California. This article will detail the different types of sexual assault in California and will provide definitions, examples, and penal codes.
- Types of Sexual Assault in California
- Rape
- Rape is classified under penal code 261 and is defined as using force, threats of force, or other methods in order to have non-consensual sex with another person to whom the perpetrator is not married.
- The following would constitute rape:
- inability to consent due to a mental disorder,
- intercourse is achieved through use of force or violence,
- inability to consent due to intoxication
- inability to consent due to lack of consciousness
- Ex: A student at a university physically forcing another student to have intercourse with them.
- Rape is a felony punishable by up to 8 years in state prison
- Marital Rape
- Classified under penal code 262, marital rape is defined as raping a spouse. Before CPC 262, spouses were exempt as rape victims.
- The following would constitute a spousal rape:
- inability to consent due to a mental disorder,
- intercourse is achieved through the use of force or violence,
- inability to consent due to intoxication
- inability to consent due to lack of consciousness
- Ex: A husband threatens to be violent if his wife does not have sex with him.
- Spousal rape is a felony punishable by up to 8 years in state prison.
- Sexual Battery/Assault
- Sexual battery/assault is classified under penal code 243.4 and is defined as touching the intimate parts of another person for the purpose of sexual gratification, arousal, or abuse against that person’s will.
- The following would constitute a sexual battery felony:
- the victim was unaware of the primary purpose of the act and was convinced the act was for the purposes of medical and therapeutic purposes,
- the victim was unlawfully restrained,
- the victim was seriously disabled or medically incapacitated,
- the victim was forced to touch the intimate parts of another person.
- Ex: Holding someone down, while you fondle their intimate parts.
- Felony Penalties
- 2 to 4 years in state prison and up to a $10,000 fine.
- The following would constitute a sexual battery misdemeanor:
- Touching someone in an intimate manner without their permission/consent.
- Ex: Grabbing someone’s buttox without their consent.
- Misdemeanor Penalties
- County jail from 6 months up to 1 year and a $2,000 fine.
- Lewd and Lascivious Acts with a Minor Child
- Lewd and Lascivious Acts with a Minor Child is classified under penal code 288 and is defined as touching a child under the age of 14 for sexual purposes.
- A lewd act is defined as:
- touching a child for sexual purposes
- forcing the child to touch themselves for sexual purposes
- Ex: A teacher forcefully grabs a 14-year-old student’s intimate parts.
- Penalties
- Child under 14 with no force can result in 3-8 years in state prison and a $10,000 fine.
- Child under 14 with force used can result in 5-10 years in state prison and a $10,000 fine.
- Child under 14 and physical harm inflicted can result in up to life in prison.
- A 14 or 15-year-old child and the defendant is 10 years or older can result in 1-3 years in state prison and a fine of $10,000.
- Habitual sex offenders can face up to life in state prison.
- If the act was committed by a caretaker, 5-10 years in state prison.
- Annoying or Molesting a Child Under 18
- Annoying or Molesting a Child Under 18 is classified under penal code 647.6 and is defined as annoying or molesting a child under 18 years old.
- Annoy and Molest are used to refer to conduct that is:
- motivated by sexual interest in a child and will disturb, irritate, or be observed by the child.
- Penal code 647.6 does not require physical contact to occur.
- Ex: An individual over 18 offers oral sex to a minor.
- Misdemeanor penalties
- Up to one year in county jail and a $5,000 fine.
- Felony penalties will align with the penalties for penal code 288 Lewd and Lascivious Acts with a Minor Child.
- Forced Sodomy
- Sodomy is classified under penal code 286 and is defined as engaging in acts of sodomy with an unconsenting adult or engaging in sodomy with a minor. Sodomy is defined as sexual contact taking place between the penis of one person and the anus of another person.
- 5, 7, or 9 years if the act was committed under force or duress with an adult
- 7, 9, or 11 years in state prison if the act was with a minor 14 years or older
- 10, 12, or 14 years if the act was with a minor under the age of 14
- Sodomy is classified under penal code 286 and is defined as engaging in acts of sodomy with an unconsenting adult or engaging in sodomy with a minor. Sodomy is defined as sexual contact taking place between the penis of one person and the anus of another person.
Related: How to Report Sexual Assault in California
FAQS
Is Groping Sexual Assault?
If there was no consent, groping would be classified as sexual assault under California penal code 243.4.
Is Unwanted Kissing Sexual Assault?
Unwanted kissing would be classified as sexual assault under penal code 243.4.
Related: Was I Sexually Assaulted?: Take the Quiz
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