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What Defenses are There to Sexual Battery Charges?

  • Published: July 23, 2020

There are a number of defenses when it comes to sexual battery in Los Angeles county.  I would say the main one is that whatever happened between you and the other person was consensual. California Penal Code 243.4 defines the crime of sexual battery.

So, if both parties agreed to some sort of a sexual touching, then obviously, that would be a complete defense, as long as the person was at least 18 years of age to the crime of sexual battery.  So, that’s definitely one defense that I see used all of the time in dealing with cases.

You have to decide whether or not you can be successful with that defense before you try to employ it, because obviously, if prosecutors file a sexual battery case against you, they think that you’ve done something wrong and obviously the alleged victim is claiming that it wasn’t consensual.

Argument of Consensual Sex or Accidental Touching

So, you’ve got to have a defense that can counter that.  Sometimes it’s a he-said/she-said situation.  Sometimes there’s other witnesses.  Sometimes there’s other evidence that both the prosecutors and the defense can use.

The other defense that I’ve seen used in a Penal Code 243.4 sexual battery scenario throughout Los Angeles and the 38 courts, is the argument that whatever the touching was, was accidental.

I’ve seen people in various situations accidentally touch another person in a private area or close to a private area and the person things that, in realty, they were trying to do that intentionally so they could touch the person and the person says no, I didn’t do that intentionally.  It was an accident.  I apologize.

But the bottom line is it’s not a criminal act, and therefore, I should not be charged with a sex crime, and a lot of times you can be successful with that type of defense as long as, obviously, you’ve got the evidence to support that, or your story is more believable than the other person’s story.

That’s kind of what it boils down to is that you’ve got to be able to mount a good argument that you’re innocent, you didn’t do whatever it is that they’re claiming that you did related to sexual activity.

False Accusation

So, I think what you have to do is come to somebody like me who’s been doing this now for 26 years, defending sexual battery cases, to really get a good feel whether or not that defense is going to be able to work its way out.

I would say probably the last and third defense that I’ve seen employed in sexual battery cases is, that the person is just simply lying and they’re trying to get some sort of a motive to lie or angle to lie or they’re wrong.

They think that you touched them or the person that touched them and you’re not and they don’t have the proof.  Therefore, you’re innocent and you shouldn’t be charged.

Experienced Sexual Battery Defense Lawyer

I see all these defenses when it comes to sexual battery cases,  are going to be dependent on the facts and circumstances surrounding your particular case.  What you have to do is give all the information you have to your defense attorney.

Be honest.  Tell them what happened and you and your defense attorney decide whether or not it’s the best move to assert one of the defenses or whether your attorney should work out some sort of a deal or negotiation with the prosecutors.

I do this all the time.  I have a lot of success with it.  I’m pretty good at hearing what the client has to say, and obviously, giving them the best advice possible so that they can end up with the best possible result.

Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact our office for a free case evaluation at (213) 542-0979.

Related:
Los Angeles Jury Instructions for Sexual Battery

Ron Hedding

Named Top Los Angeles DUI Defence Attorney by LA Times and named one of the
Top 100 DUI Defence attorneys in California by the National Trial Lawyers
Association. I'm the attorney other lawyers hire to defend them.

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