When someone is charged with sexual battery under California Penal Code Section 243.4(e)(1), it's crucial to understand the gravity of this serious crime. A conviction or guilty plea to sexual battery in Los Angeles, California, carries the weight of registering as a sex offender, a consequence that can significantly impact your life.
This means that every year, on your birthday, you are obligated to register with the local police department. This sex registration comes with other enduring consequences that many people would prefer to avoid.
CALCRIM 938 – Touched Intimate Part of Victim's Body
For prosecutors to build a case against an individual, they must establish three crucial elements. These elements are clearly outlined in the CALCRIM 938 Jury Instructions, which are read to every juror in a sexual battery criminal case.
The judge will tell them the defendant is charged with sexual battery in violation of Section 243.4(e)(1). For the prosecutors to prove this case against this particular defendant in the Los Angeles Superior Court, the prosecutionmust prove that the defendant touched an intimate part of the victim's body.
So, that would be touching their breast, touching their butt, touching their private area — some intimate part has to be handled for this element to be met for the person to be charged and convicted of sexual battery in LA.
Touching Was Against the Victim's Will
Number two, the touching was done against the other person's will. So, if it's a boyfriend or girlfriend, there could be an argument that the girl consented to it based on prior acts, and obviously, that could be a defense to the crime. Therefore, it must be against the person's will.
In other words, under the circumstances, the person didn't want this to happen. So, it's going to be a reasonable person standard. If two people go out on a date, they often end up kissing and hugging. Somebody touches somebody in a private area; that's probably not a scenario where a sexual battery will be applicable.
However, those facts could be twisted or misinterpreted in a way that is inappropriate, and it is not reasonable under the circumstances for an individual to touch someone.
If you find yourself in such a situation, it's crucial to seek the guidance of a criminal defense attorney who has experience in handling these cases. They can provide you with a clear understanding of whether the touching was inappropriate and can guide you through the legal process.
Touching was Specifically for Sexual Arousal
The final element that has to be proved by the prosecutors in a sexual battery case is that the touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse. So, if you accidentally touch somebody as you walk by them, again, depending on the circumstances, that can be argued that it was not done intentionally.
It wasn't done for any personal gratification. It was simply an accident, a mistake, which could be a defense to this element.
In a sexual battery prosecution, the prosecutors have to prove all three of these elements. So, if one of the elements is missing, you would argue that they have not proved that element and, therefore, have not proved the sexual battery.
They also discuss what constitutes an intimate body part. That is what is included in the jury instructions read to the jurors in a Los Angeles criminal case. An inseparable part is a female's breast or anus, groin, sexual organ, or buttock. When they define touching, it means making physical contact with another person. Touching includes contact made through the clothing.
And then, finally, they discuss the act. An act is considered to be done against a person's will if that person does not consent to it. To consent, a person must act freely and voluntarily, and have a clear understanding of the nature of the show.
Consult with our Sex Crime Defense Lawyers
The bottom line is that a lot of this is reasonable. If, under the circumstances, the defendant in the case believes they were given consent and that it was okay with the other party, based on the surrounding facts, to touch them sexually, then that could be a complete defense to the crime. So, if you or a loved one has a sexual battery or other California sexual assault laws, sit down with somebody who knows this jury instruction very well and has represented people for many years in the Los Angeles County criminal courtrooms.
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