When a person is sexually abusive for the motive of sexual arousal and sexual gratification by touching another person’s intimate partner, such a situation is defined as sexual battery. It is a crime where sexual intercourse or sexual intrusion does not occur. Sexual battery is strictly prohibited under California Penal Code 243.4. If a person is convicted of such an offense, he/she is liable to a maximum punishment of up to five years. In the case of sexual battery victims, the victim can handle the situation under criminal law with the help of an experienced personal injury attorney. However, due to the victim’s inadequate knowledge about the right components of sexual battery, it becomes complicated to punish the perpetrator. Whatever, this article will provide for the victims about sexual battery elements, penalties details which are essential need to know for the victims.
The prosecutor’s requirement elements for proving the allegation of sexual battery:
If someone was convicted for sexual battery, there are some elements that must be required among the offender. However, if these elements do not find the offenders, they don’t face any punishment. Whatever, following some specific features, which is required to prove the allegation with the California law on sexual battery. Among the several elements that the prosecutors must place to prove sexual battery offense, which is to touch the intimate parts of the defendant. Even if the victims resist the offender’s touch, the offender will be charged with sexual battery. Another component of a criminal being accused of a sexual battery is that the victim’s intimate part must be touched directly or indirectly. The touch must be in direct contact with the victim’s skin or clothing. This sexual assault or touching must be against the will of the victim. That’s why the perpetrator is charged with such a crime.
What are the legal defenses of sexual battery?
In this sexually offensive crime, the defendant had some specific legal defenses for sexual battery allegations. That is given below.
Consent of the victim’s: One of the arguments put forward by the defendant to defend himself against the allegation of sexual battery is that it was carried out with the consent of the victim. However, it is noteworthy that the approval was misrepresented, feared, or coerced. In many cases, the perpetrator may have subconsciously consented to the victim’s use of drugs.
False allegations: In many cases, it is observed that the victim has made the false allegation to harass the defendant for personal gain. Defendant alleges that the victim is suffering from some mental problem or being noticed by everyone. But many people misuse the sexual battery law to take revenge, which may be an ex-dating partner or spouse.
Insufficient evidence or information: In most cases, the dismissal of a sexual battery allegation is a lack of factual evidence. Because there is no sign of physical contact in this type of offense. Mostly lack of witness and visible signs of the injuries complicates access for justice for the victims. The full appropriate use of which is made by the defendant to get relief from the complaint.
To preventing sexual battery vital step:
When a person finds out or understands that he/she has been the victim of such unwanted communication, some specific action should be taken as soon as possible. The main reason for the dismissal of the sexual battery accused court is insufficient data evidence, so a victim should gather sufficient information against the offender. The next significant step a victim should take is to legal action against the offender, through which the offender can be given appropriate punishment. So a victim must consult an expert lawyer to take appropriate legal action. The Nakase Law Firm is one of the best personal lawyers in California. Those with experience in sexual assault cases and dealing with compensation with various accidents such as car accidents, motorcycle accidents, and truck accidents.