Arrested for Sexual Battery or Spousal Rape?
Sexual battery includes a wide range of crimes. By far the most common form of sexual battery, charged under California Penal Code Section 243.5 is the unlawful (unwanted) touching of an intimate part of another person for the specific purpose of sexual arousal, sexual gratification, or sexual abuse. This is a misdemeanor, with only a six month maximum jail sentence. However, it carries lifetime registration as a sex offender. Thus, a “grope or grab” can turn into a lifetime of headaches in California. If the person who was unlawfully touched was also restrained (held), then the maximum punishment shoots up to four years in state prison and lifetime registration.
Spousal rape is a domestic violence crime and is charged under Penal Code Section 262. This carries a maximum prison sentence of eight years and life registration. Stranger or date rape is charged under various sub-sections of Penal Code Section 261, and also carries a maximum prison sentence of eight years and life registration.
If you have been arrested for, or think you may be arrested for, any of these crimes, you need an experience domestic violence attorney. Attorney Joseph T. Rhea meets with each client personally to develop the best defense.