Child Sexual Abuse as a California Domestic Violence Crime

In California, domestic violence laws apply to all crimes that are perpetrated against one’s child. It therefore follows that a parent who sexually abuses his or her child will be prosecuted as a domestic abuse offender and will consequently face certain consequences in addition to the punishment normally imposed for the specific sex crime committed.

Child sexual abuse is defined as any activity with a child done for the purpose of sexual gratification. It includes, but is not limited to, sexual touching, intercourse, asking a child to expose his or her sexual organs and exposing a child to pornography. It affects families from every social, economic and ethnic background and is a definite problem in this country. While the majority of reported offenders are male, women have been convicted of this offense as well and both heterosexual and same-sex abuse occurs.

Child sexual abuse, when committed against one’s own child is a type of child abuse that has a devastating impact on children and will manifest itself in various ways, depending largely on the age of the child. Some common types of symptoms seen in victims of child sexual abuse include physical complaints, such as a headache or stomachache, eating disorders, genital or rectal symptoms, such as burning or itching, bowel disorders, such as being unable to control one’s bowel and social symptoms that include high-risk sexual behavior or an inappropriate interest in or knowledge about sex, drug and/or alcohol abuse, withdrawal, excessive fear or anxiety and depression.

Penalties for sexually abusing one’s child vary depending on the age of the child, on the specific crime and on the severity of the act(s). Formal probation, incarceration and registration as a sex offender are among the most common forms of punishment for a child abuse crime that involves sexual activity. Custody issues will undoubtedly arise and it is quite possible that one will lose his or her child as a result of a sexually related child abuse conviction. A less common but extremely severe penalty exists when the child victim is less than 13 years old. When such is the case, a male parent may be subject to chemical castration upon a first conviction for specific offenses, including sodomy, lewd or lascivious acts, oral sex or rape and will undergo mandatory chemical castration upon a second conviction, regardless of whether the first victim was his or her child or the child of another.

Parents or anyone else who suspect that a child is being sexually abused either by a family member or by another should immediately report the activity. Several agencies may offer advice, guidance and resources, including Childhelp USA at 1-800-4-A-CHILD or online at www.childhelp.org, the Darkness to Light hotline at 1-800-FOR-LIGHT or online at www.darkness2light.org or the National Children’s Alliance at 1-800-239-9950.

Defense Attorneys for Child Abuse Law

The trusted attorneys at the Kavinoky Law Firm may be able to provide assistance in what can only be described as a horrible situation. Their expertise in California’s domestic violence laws enables them to help educate an individual about what might lie ahead for a family affected by domestic abuse and, more specifically, the sexual abuse of a child. To learn more, contact them today for a free consultation.

Batterer’s Classes and Infliction of Injury

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be heterosexual or homosexual and married, divorced, or currently or formerly cohabiting, or have children together.

If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

In California, when a defendant is convicted on an infliction of injury charge, he or she will be sentenced to a batterer’s class as a condition of probation. These classes are either exclusively male or female and are sensitive to culture, ethnicity and sexual orientation. At minimum, the offender must attend a two-hour class once a week for a year.

These classes are geared towards people who need treatment to help manage their anger and violent outbreaks. With respect to abusers, the purpose of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. To accomplish this, counselors encourage the abusers to examine their lives to better understand the reasons why they succumb to violent outbursts. If successful, the batterer learns that he or she cannot control his or her relationships through violence.

More specifically, the goal of the batterer’s class is to end domestic abuse. California has established guidelines that each class must follow in order to ensure that abusers receive the same education and counseling no matter where they live. The issues that must be addressed in every class include gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.

Within these categories, counselors discuss various forms of abuse including physical, emotional and sexual abuse, economic manipulation or domination, property destruction, terrorist threats, and acts that jeopardize the wellbeing and safety of children and other family members or friends. The program addresses effective ways to communicate in an intimate relationship as an alternative to violent expression, and will help the batterer to create equality within the relationship.

The instructors confront their students by refuting the individual batterer’s justifications for his or her use of violence within the relationship. They hope to eliminate and reshape all beliefs, values, behaviors and language that abusers use to maintain power over their intimate partners. As a result, the classes focus on the belief systems that promote the use of intimidation, violence and coercion against domestic partners and children, and the instructors, in turn, try to dispel those beliefs. Discussions where the batterer tries to either blame the victim for the violence or in any other way tries to diminish his or her responsibility for the violence are inappropriate and discouraged by the class leaders. Instead, the class leaders facilitate discussions that include topics such as the destructive impact that violence has on self-esteem and affection, and the impact that battering has on children who are victims and witnesses of intimate partner abuse. Batterers are also taught specific techniques for achieving non-abusive, non-controlling attitudes and behaviors.

An infliction of injury charge is a serious matter with serious consequences. Enrollment and attendance in a batterer’s class is only a small portion of a convicted defendant’s probationary requirements, but it can be one of the most beneficial if the batterer takes it to heart. The caring criminal defense lawyers at The Kavinoky Law Firm can help navigate probationary terms with ease and understanding. The attorneys know how to connect their clients with batterer’s programs throughout California, and with their care and compassion, will make this difficult time a little easier. For questions about an infliction of injury charge, about a batterer’s class, or about any other legal matter, click here for a free consultation.

Recanting Victims and Infliction of Injury

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be heterosexual or homosexual and may be married or divorced, living together or formerly living together, or have children in common. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000.

An infliction of injury charge can be filed against an individual upon the slightest indication of an injury. This means that it would be very easy for an alleged “victim” to charge his or her partner with this crime with little or perhaps no evidence. Many times an individual will do this simply out of revenge, anger, or some other inappropriate motive. He or she may later decide to tell the truth about what happened, but once the police are involved, it is too late to take the allegation back, as only the prosecutor and/or judge can decide to drop the charges at that point. When this type of situation arises, it is imperative for the accused to hire a skilled criminal defense lawyer from The Kavinoky Law Firm.

If the “victim” chooses of his or her own free will that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the “victim” thinks that recanting (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, in an intimate partner abuse case, the prosecution usually expects that a victim will recant and knows exactly how to proceed under that type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

When a victim recants, there are two major issues that arise. The first is that evidence that may otherwise have been inadmissible during the trial will now likely be admissible, and the second issue is that a “recanting victim” gives the prosecution a great argument against the defendant. Beginning with the first issue, when a victim recants his or her story, the prosecution is allowed to introduce a recording of the call that the “victim” made to the police as well as any statements made to the police during the initial investigation. Because these statements were made in the heat of the moment and possibly out of revenge or stemming from some other motive, these statements can be devastating to the defense. Looking at the second issue, when a “victim” recants, the prosecutor usually brings in an expert witness who testifies that the victim is recanting because he or she has either been threatened by the abuser into doing so or that he or she is afraid of what further abuse might take place if he or she doesn’t recant. The expert will further explain that recanting is part of the cycle of abuse and that the “victim” likely suffers from “battered person’s syndrome”.

As previously stated, domestic abuse applies to intimate partners. It is the very nature of these types of intimate relationships that causes such highly charged, emotional disputes that are often blown out of proportion. An experienced lawyer is the key to making sure that the judge and jury not only hear that that was the case, but believe it as well. A highly qualified defense attorney from The Kavinoky Law Firm can help both parties navigate through the system with knowledge and compassion. The attorney will develop the most effective defense strategy to put an end to a terrible situation that simply spiraled out of control. Click here for a free consultation.

Batterer’s Classes and Sexual Battery

Sexual battery is a California domestic violence offense that applies to intimate partners. California employs a broad definition of intimate partners – they may be heterosexual or homosexual, married, divorced, living together, have children in common, or be currently or formerly dating.

If a person touches an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery. “Touching” can be any physical contact – however slight – whether done directly, through the clothing of the accused, or through the clothing of the accuser. Sexual battery can be charged even between partners involved in an ongoing, intimate relationship. Depending on the circumstances, the crime can be charged as a misdemeanor or a felony with penalties of up to one-year in jail or up to four years in prison and fines of up to $10,000.

In California, when a defendant is convicted on a sexual battery charge, he or she will be sentenced to a batterer’s class as a condition of probation. These classes are either exclusively male or female and are sensitive to culture, ethnicity and sexual orientation. At minimum, the offender must attend a two-hour class once a week for a year. These classes are geared towards people who need treatment to help manage their anger and violent outbreaks.

With respect to abusers, the purpose of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. To accomplish this, counselors encourage the abusers to examine their lives to better understand the reasons why they succumb to violent outbursts. If successful, the batterer learns that he or she cannot control his or her relationships through violence.

More specifically, the goal of the batterer’s class is to end domestic abuse. California has established guidelines that each class must follow in order to ensure that abusers receive the same education and counseling no matter where they live. The themes that must be addressed in every class include gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of abuse on children and others.

Within these themes, counselors discuss various forms of abuse including physical, emotional and sexual abuse, economic manipulation or domination, property destruction, terrorist threats and acts that jeopardize the well-being and safety of children and other family members or friends. The program will address effective ways to communicate in an intimate relationship as an alternative to violent expression and will help the batterer to create equality within the relationship.

The teachers confront their students by refuting the individual batterer’s justifications for his or her use of violence within the relationship. The facilitators hope to eliminate and reshape all beliefs, values, behaviors and language that abusers use to maintain power over their intimate partners.

Discussions where the batterer tries to either blame the victim for the violence or in any other way tries to diminish his or her responsibility for the violence are inappropriate and discouraged by the class leaders. Instead, the class leaders facilitate discussions that include topics such as the destructive impact that violence has on self-esteem and affection and the impact that battering has on children who are victims and witnesses of intimate partner abuse. Batterers are also taught specific techniques for achieving non-abusive, non-controlling attitudes and behaviors.

California takes sexual battery very seriously. Enrollment and attendance in a batterer’s class is only a small portion of a convicted defendant’s probationary requirements, but it can be one of the most beneficial if the offender takes it to heart. The caring criminal defense lawyers at the Kavinoky Law Firm know how to connect their clients with batterer’s programs throughout California and, with their compassion, will make this difficult time a little easier. A skilled attorney from the Kavinoky Law firm can answer questions about a sexual battery charge, about batterer’s classes, or about any other legal matter during a free consultation.

Sexual Battery’s Aggravating Factors

Sexual battery is a California domestic violence crime that applies to intimate partners. “Intimate partners” is a very broad term that includes couples who are heterosexual, homosexual, married, divorced, living together, have children in common, or who are dating or formerly dating. If a person touches an intimate part of his or her intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery as a misdemeanor. “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 is important to understand that this crime may be charged even between partners involved in an ongoing, intimate 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 touching takes place while the accuser is 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.

While that is the gist of a sexual battery charge, there may be facts and circumstances that surround the alleged incident that could be considered “aggravating factors” and will, in turn, force a court to impose additional sentencing if the suspect is found guilty of the crime. This is simply another reason why an accused should always hire an experienced attorney when charged with a crime. The skilled criminal defense lawyers at the Kavinoky Law Firm have experience in defending California domestic abuse cases. They are familiar with this special area of the law and will both aggressively defend the charges and do their best to keep all penalties to a minimum by arguing the injustice involved in imposing additional penalties.

One aggravating factor is when the accused employed the alleged victim at the time of the offense. If that was the case, the convicted defendant will likely serve additional jail and/or prison time.

A second aggravating factor in a sexual battery case is when the accused either lives with or lived with the alleged victim or a minor (a person under 18), or the accused was married to the victim, or the accused is a parent, stepparent, adoptive parent, foster parent, or other blood relative of the minor, and the alleged abuse occurred in the presence of or was witnessed by that minor.

Finally, in addition to the aggravating factors just described, the consequences of a conviction for sexual battery may also be more severe if, as a result of the abuse, the victim suffers a significant or substantial physical injury. If the victim sustained this type of “great bodily injury,” the accused faces an additional three to five years in state prison. This means that an individual who is convicted of sexual battery in a case where the victim was seriously injured faces up to nine total years in prison.

Before the court sentences a convicted defendant, it will hear from both parties as to whether there were any mitigating or aggravating circumstances that it should consider. When the prosecution presents aggravating circumstances, the court will generally impose the strictest available penalty unless a good defense attorney is able to dissuade it from doing so. When aggravating circumstances exist, it is critical that the accused contact an attorney who has the knowledge and skills to effectively convince the court that to add an additional sentence would be against the interests of justice. The attorneys from the Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges. They receive ongoing education and training in this highly complex and technical area of the law, which is directly responsible for their outstanding results. An attorney from the Kavinoky Law Firm can provide a free consultation and outline a proven defense strategy that will protect the accused partner’s rights.