Sexual battery will be prosecuted as a California domestic violence crime when an individual, for the purpose of sexual arousal, gratification or sexual abuse, touches an intimate part of his or her “intimate partner” without that partner’s consent. Intimate partners, with respect to a same sex relationship, are partners who are or were dating, partners who are or were living together, partners who are or were civilly united and partners who have children together. It is important to clarify that this crime may be charged even between partners involved in an on-going, intimate relationship. Sexual battery may be charged as either a misdemeanor or a felony depending on the severity of the individual case.

Sexual battery has three elements or facts that must be independently proven before the prosecution can obtain a conviction against the defendant. In order to find the accused guilty of sexual battery, the prosecutor must prove the following elements.

The first element required to prove a DV sexual battery charge is that the accused touched an intimate part of his or her intimate partner. “Touching” can be any physical contact – however slight – whether accomplished directly, through the clothing of the accused, or through the clothing of the accuser. It should be noted that this element doesn’t make any mention of an injury. This is because a battery is simply any unwanted touching and has nothing to do with whether or not an injury was sustained by the offended party. The jury must only find that the defendant actually touched his or her accuser.

The second element is that the touching was against the will of the person touched. As just mentioned, any unwanted touching is sufficient. This element will probably be the most difficult for the prosecution to prove because of the inherent sexual relationship that exists between intimate partners. In order for the prosecutor to prove this element, he or she must prove that the alleged victim made it clear that he or she did not want to be touched.

The final element required to prove a domestic abuse sexual battery charge is that the accused touched his or her partner to specifically cause sexual arousal, gratification or abuse. This element’s proof will be likely based on the exact circumstances of the physical contact.

Sexual battery may be charged under a variety of circumstances. If the touching takes place while the alleged victim is unlawfully restrained by the accused or an accomplice, or if the alleged victim is institutionalized for medical treatment and is seriously disabled or medically incapacitated, then that fact (in addition to the three elements previously defined) must also be proven. In addition, it is a crime for an individual to cause a person who is in one of those situations to masturbate or touch another. If the touching takes place under that type of situation, then that fact must alternatively be proven in addition to the three previously defined elements.

Sexual battery, when prosecuted as an intimate partner abuse crime is a serious charge with serious consequences. That is why it is imperative that an individual accused of this crime contacts an experienced California domestic violence lawyer who specializes in criminal defense. The GLBT supportive attorneys at the Kavinoky Law Firm do just that. They have successfully defended individuals charged with sexual battery because they have mastered the defenses that are applicable to every element of this charge. They further recognize and appreciate the unique privacy concerns and fears that a gay, lesbian, bisexual or transgender client may have and will try to make sure that every client is treated with the same compassion and respect from the judicial system that they receive from the office. With law offices located in Los Angeles and throughout California, they are only a phone call or click away. Contact them today for a free consultation and for the best representation.