Sexual Abuse
In California, sexual abuse is a general term given to a variety of specific sex related criminal convictions. In general, these charges can be found under California Penal Code section 243 and include such charges as sexual battery, domestic abuse, and aggravated sexual assault.
As a general rule, one can be charged with a form of Section 243 sexual abuse when one touches the intimate part of another person against his or her will for the specific purpose of either sexual arousal, sexual gratification or sexual abuse. Typically, the exact type of sexual abuse charge brought will depend on how the alleged unwanted touch occurred.
For example, if the touch included any of the following circumstances it will be classified as an aggravated sexual assault:
- Unlawfully restrained
- Institutionalized for medical treatment and is seriously disabled or medically incapacitated
- Unaware of the nature of the act because due to fraudulent misrepresentation that the touching served a professional purpose
- Made to masturbate or touch the intimate part of the perpetrator
However, absent such aggravating circumstances, the charge will likely be a misdemeanor sexual battery charge.
It should be noted that the code, as well as relevant case law, makes clear that no penetration or sexual intercourse is required for an act to fall under the auspices of a sexual assault. More so, a sexual assault can occur even when the alleged victim and alleged assailant have been in an ongoing sexual relationship.
Penalties for CA Sexual Abuse Charges
When the charge is for misdemeanor sexual abuse, one could face serving up to six months in a county jail and up to $2,000 in fines. However, if the alleged victim was an employee, the maximum fine will be increased to $3,000.00. In addition, you could be placed on up to five years of informal probation, requiring you to complete such things as community service or a batterer’s education program.
When aggravating circumstances exist, California’s "wobbler" law applies, meaning the prosecutor has the choice to file the sexual abuse charge as a misdemeanor or as a felony. This decision will be based on the facts of the case and your criminal history. A felony sexual abuse conviction can result in formal probation, a minimum two years and a maximum four years in a state prison plus an additional three to five when the victim sustained "great bodily injury", plus a maximum fine of $10,000.00.
As if this wasn’t enough, both misdemeanor and felony charges will place you on the California sex offender registry. This listing will last a lifetime and will have significant implications on your personal, professional and family life.
Penalties for CA Sexual Abuse Charges
In order to properly defend against your California sexual abuse charge and to protect your reputation, career and family, you need to seek the advice of an experienced California defense attorney.
The Law Offices of Jonathan I. Kelman specialize in defending California sexual abuse charges. If you or a loved one is facing a California criminal charge, seek the support of an attorney practicing only in criminal defense.
Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.