Civil Penalties and Sexual Battery

Sexual battery is a California domestic violence crime that applies to any intimate partners - either heterosexual or homosexual, married, divorced, living together, parents of children, or dating or formerly dating. Anyone who touches his or her intimate partner against that person's will for the purpose of sexual arousal, sexual gratification or sexual abuse can be charged with misdemeanor sexual battery. Even slight touching, either directly, through the clothing of the accused, or through the clothing of the accuser can constitute sexual battery, even among partners in an ongoing relationship.

When charged as a misdemeanor with no aggravating circumstances, sexual battery carries a maximum of a six-month jail sentence and a $2,000 fine. However, if the accuser was unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

In civil court, an individual who is found "liable" for committing this "wrong" or "tort" can face heavy fines but cannot be sentenced to jail or prison. The penalty that can be imposed is the primary difference between a civil suit and a criminal case.

There are also differences between the procedures involved in civil and criminal courts with respect to sexual battery. In a criminal domestic abuse case, it is the prosecutor who actually files the charge, not the victim, as many incorrectly believe. In a civil case, it is the alleged victim, also known as the "plaintiff," who sues the alleged abuser.

Another difference between criminal and civil cases is the burden of proof - it is much easier to find the defendant liable in a civil suit, as the judge or jury must only believe that there is a "greater than 50 percent chance" that the defendant sexually battered his or her intimate partner. In a criminal action, the judge or jury must find the defendant guilty "beyond a reasonable doubt" in order to convict.

In a civil lawsuit for sexual battery, there are three types of monetary damages that may be awarded to the plaintiff. "General" damages are awarded to cover injuries for which an exact dollar amount cannot be calculated. "Pain and suffering" are the most common types of general damages. "Special" damages are awarded to cover the plaintiff's out-of-pocket expenses. These may include any hospital bills, the cost to replace or repair damaged personal property and reasonable attorney's fees. "Punitive" damages are awarded over and above special and general damages to punish a losing party's willful or malicious misconduct.

In addition to monetary damages, a person found liable for sexual battery may also have a civil protective order issued against him or her. In general, a civil protective order will prohibit the restrained individual from coming within a certain number of yards from the protected party in order to prevent further abuse, threats or harassment. However, depending on the circumstances, the order can be much more restrictive. Unless a specific end date is listed, the order will expire three years after being issued.

Clearly there are many consequences, both civil and criminal, that face a person accused of sexual battery. Such being the case, it is imperative that an individual in this situation immediately contacts an attorney upon a sexual battery accusation. The criminal defense lawyers at the Kavinoky Law Firm are experienced at handling every type of California intimate partner abuse case and have successfully defended countless individuals from the devastating consequences that are associated with a sexual battery conviction. In addition, they can provide referrals for civil defense attorneys when necessary. Contact them today for a free consultation.