While the battery law of sexual assault is a little difficult to understand, it is essential to have a broad understanding of it. Although sexual battery is not rape, rape includes sexual battery. You need to have a clear idea of the difference between rape and sexual battery, rape is an intrusion of the genitals, and the sexual battery is harmful and offensive touching of any part of your body. However, let’s discuss what sexual assault is and how it relates to battery law. Sexual assault can happen in many ways, so let’s start with the most basic ones. Sexual assault is a heinous crime. You will be charged according to the California civil code 1708.5.
The characteristics of sexual battery are
- If a person intentionally touches your specific place, which is harmful and embarrassing for you.
- If a person who does a harmful intimate contact with your body.
- And if sexually annoying body postures bother you.
Although sexual assault is defined differently in different states, each state has its laws for sexual assault. Usually, in every state, sexual battery is defined as a non-consensual touch on someone’s body. If you live in California, you must know what is California law for sexual battery? Like other states, criminal law punishes those convicted of sexual assault.
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Sexual battery law in California
According to the California civil code, only the following person commits sexual battery.
- Acts with the purpose of the offensive and harmful contact are with an intimate part of the body; another person and the offender has direct or indirect sexual contact.
- Acts with the to use one’s intimate part with another person to engage in offensive or harmful communication and the direct or indirect purpose of the result of this sexually offensive contact
- Acts to reason an approximate affright of the behavior narrated in paragraph (1) or (2), and sexually offensive touch with direct or indirect results.
- If a person commits sexual battery on another, the person responsible is liable for all general harm, criminal damage, and particular harm to the victim.
- According to the court in action, under this section may award legitimate relief, including an injunction, but not limited to, costs and any other assistance the court regarding proper.
- The intimate part means a person’s genitals, anus, and a person’s buttocks or women’s breasts.
- Offensive contact in this section is meant to refer to an acquaintance who hurts a reasonable idea of your dignity.
Case 1: Intentions for offensive or harmful contact
Anyone who deliberately praises for offensive and harmful contact with someone else’s intimate part must face the acts. Action is taken under the sexual battery act for ” harmful and offensive” by section 1708.5 of California civil code. Sexual intent is the most critical factor here for a claim of sexual battery.
Case 2: Sexual battery law for touch inmate part of the body
The intimate part here means a person’s genitals, anus, and a person’s buttocks or women’s breasts. On the other hand, Offensive contact in this section is intended to refer to an acquaintance who hurts a reasonable idea of your dignity. An example hare is if someone intentionally hits or touches a woman’s buttocks, he will be prosecuted under this law.
Case 3: Sexual battery law for lack of consent
Lack of consent to sexual battery law is a significant issue. The case is conducted based on an offender. If you sexually assault someone without their permission, you will be punished under the sexual battery act. In this case, punishment is given considering several factors such as undue influence on sex, minor’s content, the position of authority, and minor sexual activity with another adult.