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Rape/Sexual Assault/Sexual Battery

PEN § 243.4, 261, 262(a)(2) – Wobbler

PEN § 680.2 – Law Enforcement and Medical instructions

  • Maximum fine: $10,000
  • Maximum term: 1Y/8Y
  • Probation/parole at home eligible: Y
  • Community service eligible: Y

The sexual assault definition in California involves non-consensual acts of a sexual nature, sexual assault, also known as sexual battery, occurs when someone touches another person's intimate parts without consent, often for sexual gratification or to humiliate the recipient. Sexual assault encompasses a wide array of sexual criminal acts. This includes forcible, unwanted touching (such as kissing or groping another person’s groin through his or her pants).

Rape – PEN §261(a)(2) makes it illegal to have sex with anyone who isn't your spouse through force, fear, threats or duress. Rape always involves overcoming the free will of the victim, although it isn't required that the victim resist to communicate a lack of consent. Under California law (PEN § 680.2) any law enforcement officer or medical provider must provide you with materials that clearly spell out your rights. If you have further questions, please contact your rape crisis center, medical provider, and/or law enforcement officer. Perpetrators who drug or intentionally intoxicate their victims to commit sexual assault are charged with a non-violent crime/misdemeanor. Mandatory lifetime sex offender registration.

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