Two serious charges related to sexual misconduct are rape and sexual battery. These crimes have distinct definitions in California and convictions result in different consequences.
If you are under investigation, it is important to understand the implications of the specific charges a prosecutor may bring against you.
Rape charges
California law defines rape as non-consensual sexual intercourse achieved by threats, force or fraud. It includes situations where people are unable to give consent due to intoxication, unconsciousness or other factors that make them unaware of the nature of the sexual act that is occurring.
Rape is a felony in California, but the punishment for conviction varies based on the circumstances. Factors such as the person’s age, the use of violence or coercion and the defendant’s criminal history can affect the sentence. Generally, a rape conviction results in a lengthy prison term, with the possibility of life imprisonment in some cases.
Sexual battery charges
Sexual battery involves non-consensual touching of another person’s intimate body parts for sexual arousal, gratification or abuse. It can also involve forcing people to touch themselves. It is important to note that the legal definition of touching includes any physical contact, even through clothing. Unlike rape, sexual battery does not require physical penetration.
The punishments for sexual battery can include imprisonment, fines and the requirement to register as a sex offender. However, the laws depend on factors such as the following:
- Age of the person
- Use of restraint
- Disability or incapacitation of the person
- Whether there was an employer-employee relationship
The classification of sexual battery as a misdemeanor or a felony also depends on many variables.
Rape and sexual battery are two of the more common charges that people face. However, California has several other categories of sexual offenses, including sodomy, oral sex and forcible sexual penetration. If someone is accusing you of a sexual crime, it is important to educate yourself on the specific laws and penalties involved.