Indecent assault is a form of sexual misconduct defined under California law as the unwanted and intentional touching of another person’s intimate parts without their consent.
This type of assault is often charged under California Penal Code Section 243.4 and is commonly referred to as sexual battery. While indecent assault does not necessarily involve intercourse, it is still a serious charge that carries significant legal consequences in California.
A Los Angeles sexual assault lawyer has the information you need to understand sexual battery charges and what exactly constitutes indecent assault.
Indecent Assault Defined
Indecent assault in the California penal code is referred to as sexual battery. This is a form of sexual misconduct that involves the unwanted and intentional touching of another person’s intimate parts without their consent.
Under California Penal Code Section 243.4, “intimate parts” include the sexual organs, anus, groin, buttocks, or, in the case of a female, the breast. The touching can occur directly or through clothing and must be done with the intent of achieving sexual gratification, arousal, or abuse.
Unlike rape, indecent assault does not involve intercourse, but it remains a serious offense with significant legal consequences, including potential jail time, fines, and mandatory sex offender registration.
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Elements of Indecent Assault
To prosecute a case of indecent assault successfully, the prosecutor must prove the following key elements beyond a reasonable doubt:
- Touching of Intimate Parts: The defendant must have intentionally touched the victim’s intimate parts. This touching can be physical contact with the victim’s skin or indirect contact through their clothing.
- Lack of Consent: The touching must have been against the victim’s will. If the victim did not give permission or was unable to consent (e.g., due to age or mental incapacity), this element is satisfied.
- Intent for Sexual Gratification or Abuse: The prosecutor must prove that the defendant engaged in the touching for sexual gratification, arousal, or abuse. If the touching occurred for a legitimate non-sexual purpose, such as a medical examination, the prosecutor may face challenges in establishing intent.
- Restraint: In some cases, the victim may have been restrained by the defendant or another person during the incident. Restraint can be a factor in proving the seriousness of the offense.
Possible Penalties for Indecent Assault in California
The penalties for indecent assault depend on whether the charge is classified as a misdemeanor or a felony, as well as the circumstances of the case:
- Misdemeanor Sexual Battery:
- Punishable by up to 6 months in county jail
- A fine of up to $2,000, which increases to $3,000 if the defendant was the victim’s employer
- Felony Sexual Battery:
- Imprisonment in county jail for up to 1 year, or imprisonment in state prison for 2, 3, or 4 years
- A fine of up to $10,000 may also be imposed
Both misdemeanor and felony convictions may require the defendant to register as a sex offender, which can have long-term consequences for employment, housing, and reputation. This is why it is so important to protect your rights with an experienced Los Angeles violent crimes lawyer.
Defenses to Indecent Assault
Several defenses may be available to individuals accused of indecent assault in California. These include:
- Consent: If the defendant can prove that the victim consented to the contact, the prosecutor may not be able to establish a lack of consent. However, consent is not a valid defense if the victim is a minor or lacks the mental capacity to provide consent.
- Lack of Intent: The prosecution must prove that the touching was done with the intent of sexual gratification, arousal, or abuse. If the touching occurred for a legitimate, non-sexual reason, such as during a medical procedure, this defense may apply.
- False Allegations: In some cases, the defendant may argue that the allegations are false or that the victim is misrepresenting the events. This defense often involves challenging the victim’s testimony or presenting evidence to contradict their claims.
- Mistaken Identity: If there is insufficient evidence tying the defendant to the crime, the defense may argue that the wrong person is being accused.
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Seek Legal Representation for Indecent Assault Charges
The Los Angeles criminal defense lawyers of Simmrin Law Group have witnessed how easily innocent individuals can have their lives derailed by untrue allegations of sexual misconduct. Because indecent assault or sexual battery does not require evidence of physical injury, it is an offense that can be alleged without proof, making it particularly susceptible to false claims.
Many accusers are motivated by factors such as jealousy, anger, revenge, or attempts to gain leverage in child custody disputes. By conducting a thorough pretrial investigation, we can uncover inconsistencies in the accuser’s story, identify ulterior motives, and impeach their credibility.
With skilled legal representation, you can protect your rights, your reputation, and your future. In many cases, we are able to present enough evidence to persuade the District Attorney to drop the charges before the case ever goes to trial. Contact us today for a free consultation.
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