In California, there are many laws protecting victims of sexual assault in cases as minor as mild touching of an intimate area. While these laws are important in protecting victims, especially in the workplace, it is often easy to offend someone without meaning to, and even easier to accuse someone of sexual battery without tangible evidence required.
We at the Law Offices of Alisha A. Wood are compassionate toward your case and would like to help in any way we can. Offering you legal advice, defending your freedom and ensuring the best results from your trial are our duties, and we do them well. If you have been accused of sexual assault and are in need of legal counsel, contact us today to learn how we can help you restore hope to your future: (619) 867-0755.
The following are penal codes defending victims of sexual assault and a detailed description of how they are defined and how to fight these cases. We always recommend you exercise your right to remain silent until consulting with your attorney in these cases.
PENAL CODE 243.4 PC SEXUAL BATTERY & SEXUAL ASSAULT
California Penal Code 243.4 PC defines sexual battery as the touching of the intimate parts of another person’s body for sexual gratification, arousal or abuse. These cases can be tried as either misdemeanors or felonies. The distinguishing factors are detailed in this penal code.
A felony charge for sexual battery is applied if the victim of the assault
- Was unaware of the abuse because he or she was convinced that the touching was necessary for professional reasons (medical, therapeutic, etc.)
- Was restrained against his or her will
- Was seriously disabled
- Was forced to touch his or her own intimate areas or those of another person under the circumstances listed above.
A misdemeanor charge for sexual battery may be applied under the following circumstances:
- A female’s breasts were intentionally touched without permission
- A man or woman was touched on the buttocks without having given permission
- Any form of minor touching, without penetration, done without permission, and without any of the circumstances to define such an assault as a felony
These charges are difficult to refute, but common legal defenses include the victim had given consent, there is insufficient evidence for conviction or the alleged was falsely accused of the act.
The penalties for a misdemeanor sexual battery charge can include a 6 month to 1 year sentence in county jail and up to $3,000 in fines. In the case of a felony, a state prison sentence may range from 2 to 4 years, while fines are typically a maximum of $10,000. In either case, your charges will subject you to lifetime registration as a sex offender, documented online for public records.
If you are charged with sexual battery, it is important to fight for your rights and avoid being registered as a sex offender. This can mar the rest of your future, both personally and professionally. Seek legal counsel immediately and fight for your freedom.
PENAL CODE 261 CALIFORNIA RAPE LAW
California Penal Code 261 defines rape as nonconsensual sexual intercourse done under pretenses of force, threat or fraud. While this does include the vision of rape you imagine as physically forceful, it also defends victims who may have been penetrated while inebriated, patients who have been unlawfully penetrated by a doctor or sexual violence perpetrated by police. Any nonconsensual sexual act may be prosecuted.
Other penal codes that may be enforced additionally under California rape law include:
- Spousal Rape, Penal Code 262 PC
- Date Rape
- Statutory Rape, Penal Code 261.5 PC
- Oral Copulation by Force, Penal Code 266c PC
- Forcible Penetration with a Foreign Object, Penal Code 289 PC
Most of these cases are treated similarly and may be charged concurrently if more than one applies to your case.
Rape may be a tricky case from the side of the victim and the accused. Many victims are unable to have success in their cases because of insufficient evidence, negligence in obtaining a rape kit, etc. However, just as often, accused rapists are innocent of charges and are being accused for revenge, lack of consent after the fact or mistaken identity.
If you are being charged with rape, it is important to seek legal counsel immediately. Do not submit to questioning without an attorney, as your freedom in this case can be made or lost by any slight incriminating statement.
The sentencing for rape in California is very severe. Not only will you be registered as a sex offender for the rest of your life, prison penalties range from 3 to 8 years, and in cases involving minors 7 to 13 years.
Legal defenses for rape cases may include the following:
- False accusation
- Reasonable belief of consent
- Physical contact did not include oral or genital intercourse
- Insufficient evidence
- Mistaken identity
No matter the case, if you seek a lawyer to help you defend yourself in your rape case, your chances of freedom, lighter sentencing or an aid to your record are much greater. Do not allow yourself to be taken advantage of by the legal system; exercise your right to the help of an experienced attorney.
HOW CAN WE HELP?
At the Law Offices of Alisha A. Wood, we have a team of experienced attorneys who know how to deal with cases involving sexual assault and rape. Our team is dedicated to helping you obtain the best results possible to give you hope for your future and prevent you from forever being defined by these charges. No matter the details of your case, these charges and trials are grueling and affect every aspect of your physical and mental well being. Allow us to carry your stress and guide you through every step of this difficult process. We will work together to give you the best advice and fight for your future.
If you are facing charges for sexual crimes, call the Law Offices of Alisha A. Wood and give your future hope: (619) 867-0755.
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