Sexual Imposition vs. Sexual Assault in California

cartwrightlaw - October 17, 2023 -

Many offenses fall under the category of sex crimes and can range from groping to non-consensual intercourse. In California, there is often confusion over the legal terminology used to describe these offenses.

In this article, we will explore the differences between legal terminology for sex crimes in California and help you better understand your legal rights in the unfortunate case that you or a loved one experienced sexual violence.

At The Cartwright Law Firm, our ultimate goal is to protect our client’s legal rights and seek restitution for injustices against them. For more information on how to pursue a civil claim against a sex crime offender, contact our experienced San Francisco law firm today to schedule a free, confidential consultation.

What is the Legal Difference Between Sexual Imposition vs. Sexual Assault?

In California, there is no legal difference between the terms sexual imposition and sexual assault. In some states, these terms may depict a difference in the severity of a sex crime.

However, in California, both terms refer to the crime defined in California Penal Code 243.4, the act of touching someone’s intimate parts against their will for the purposes of sexual gratification, arousal, or abuse. Under California law, these acts fall under the charge of sexual battery.

Therefore, sexual battery is an umbrella term that encompasses all types of sex crimes. This umbrella term, sexual battery, has more specific terms under it to describe the different types of sexual battery and the severity of those crimes, such as aggravated sexual battery or rape.

Some important facts about sexual battery in California include:

Under California law, the definition of “intimate parts” includes genitalia, buttocks, and breasts
California law recognizes that sexual battery can occur between people who have a pre-existing relationship (such as spouses or partners), not just between strangers

Misdemeanor vs. Felony Sex Crimes in California

Misdemeanor sexual battery is a less severe offense compared to the more severe sexual crimes that fall under the felony category. The specific circumstances of the offense and the criminal history of the perpetrator are the two main factors that determine whether a crime is charged as a misdemeanor or a felony.

Misdemeanor Sexual Battery

Misdemeanor sexual batteries are typically crimes that have minimal physical contact and do not use force or weapons. A perpetrator receiving a misdemeanor charge also implies that they do not have previous violent or sex crime convictions and that the victim was not a minor or incapacitated in any way.

Punishment for misdemeanor sexual battery can include:

A county jail sentence of up to one year
A fine not exceeding $2,000
If the offender was the employer of the plaintiff, the fine limit can increase to $3,000
The offender may also be required to attend counseling or serve probation
The offender may also be placed on the sex offender registry

Felony Sex Crimes

A felony charge carries a much heavier sentence and penalties than a misdemeanor charge. If the offender uses force or a deadly weapon, or if the victim is a minor, mentally incapacitated, physically restrained, or unaware of the sexual nature of the act, the crime may be charged as a felony.

Punishment for felony sexual battery can include:

A state prison sentence of up to four years and a fine not exceeding $10,000
If the plaintiff is a minor, jail term limits increase exponentially
Some offenses, such as statutory rape, have mandatory minimum sentences that the offender must serve
The offender may also be required to attend counseling or serve probation
The offender may also be placed on the sex offender registry

California also has an important sex crime sentencing law, California Penal Code 667.61, also known as the “One-Strike Law.” This law increases prison sentence limits for violent offenders to 15 years to life imprisonment if there are aggravating factors or concurrent felonies, such as great bodily injury, sex crime during burglary, or reoccurring child abuse.

Civil Claims Against Sex Crimes

Sexual assault and abuse can cause immense emotional and physical pain to survivors, and the law in California recognizes this. Victims of a sexual battery may be eligible for victim compensation through the state, which can cover various expenses related to the crime.

As the plaintiff, you can seek restitution for financial damages such as medical expenses and lost wages, as well as non-financial damages like emotional trauma.

Even if the perpetrator is not charged with a criminal offense, a successful civil claim can help the survivor recover damages for the harm they have undergone as a result of the sexual assault.

Additionally, while a sex abuse lawsuit will be a public record, California’s rules of civil procedure allow victims in these cases to conceal their names in publicly filed court documents.

Statute of Limitations

For sex crimes that occurred on or after January 1st, 2019, survivors have the opportunity to file a civil claim within ten years from the date of the assault or three years from discovering a resulting injury.

For sex crimes that occurred between January 1st, 2009, and January 1st, 2019, survivors can file a civil claim thanks to a new law, the Sexual Abuse and Cover-Up Accountability Act. Survivors have three years to act on this, as the “lookback window” closes on December 31st, 2026.

How Our San Francisco Personal Injury Attorneys Can Help

A civil claim can be an empowering avenue to pursue justice and hold perpetrators accountable for their actions. When it comes to filing a civil claim against sex crime perpetrators, having an experienced and compassionate attorney can make all the difference.

At The Cartwright Law Firm, we empathize with the trauma that survivors of sex crimes endure, and we are dedicated to helping our clients secure the justice they deserve. Our experienced attorneys will work tirelessly to advocate for your legal rights and build a strong case to support your case.

In addition, we will provide you with the guidance, support, and resources you need to navigate the legal system and the emotional toll that this process can take whether be for a sexual imposition or sexual assault.

Contact our San Francisco law firm today for a free, confidential consultation, and take the first step toward securing justice.