What Is Second Degree Sexual Assault?

What is second degree sexual assault

Second-degree sexual assault is a serious criminal offense that involves non-consensual sexual contact under certain conditions. This type of assault can occur in various situations. It is classified by the lack of consent and the act's circumstances. At Hurwitz Law Group, we can provide you with the strong defense you deserve.

Criminal sexual assault charges are always serious. The local law enforcement agency always investigates these cases comprehensively. If a person commits sexual assault, they could face a long prison sentence.

Learn more about second-degree sexual assault below. Then, contact us for a free case consultation.

Legal Definition of Second-Degree Sexual Assault California State Law

In California, second-degree sexual assault is defined under California Penal Code Section 243.4. It is often referred to legally as sexual battery. This statute specifies that second-degree sexual assault involves touching the intimate part of another person for sexual arousal, gratification, or abuse without the person's consent.

This includes instances where the victim is restrained, and the act is against the victim's will. Sexual assault law covers a range of actions, from groping to more severe forms of non-consensual touching.

Under state law, there does not need to be penetration. There must only be the intent and action of touching an intimate part without consent. This distinction is crucial.

It broadens the scope of what can be considered assault. It emphasizes the importance of consent in sexual interactions. Victims may be physically restrained or psychologically coerced during the assault.

How Second-Degree Sexual Assault Differs From First-Degree Sexual Assault

How it differs from first-degree sexual assault

First-degree sexual assault in California involves sexual intercourse or sexual penetration. It occurs without consent and includes the use of force or fear of immediate and unlawful bodily injury. This is called rape and is defined under California Penal Code Section 261.

First-degree sexual assault carries more severe penalties. It typically involves penetration, which legally increases the gravity of the offense. Prison time depends on several factors, including the victim's age. In the worst cases, those convicted face 13 years in prison and lifetime sex offender registration.

Second-degree sexual assault, by contrast, does not necessarily involve penetration. It focuses on the unlawful touching of an intimate part of another person. The key differences lie in the act and the level of force used.

Second-degree can involve coercion or manipulation rather than physical force. The penalties, while severe, are generally less than those for first-degree. Understanding these distinctions is crucial for your legal defense.

Acts Considered Second-Degree Sexual Assault

Second-degree sexual assault involves non-consensual sexual contact that doesn't meet the criteria for more severe charges but still constitutes a serious offense. These actions often involve coercion, manipulation, or exploiting a victim's vulnerability.

Here are some acts considered second-degree sexual assault:

  • Groping without consent. Touching someone's intimate parts without their permission, even over clothing, is considered second degree sexual assault.
  • Coercive touching. Forcing someone to touch another's intimate parts against their will, through threats or intimidation, also falls under this category.
  • Medical exploitation. Illicitly touching a patient under the guise of medical procedure without consent or necessity is sexual assault.
  • Abuse of authority. When someone uses his or her position of power, such as a supervisor or teacher, to elicit sexual favors or touching, it can be classified as second-degree sexual assault.
  • Touching while the victim is incapacitated. Engaging in sexual touching of someone drunk, drugged, unconscious, or otherwise unable to give consent is considered second-degree sexual assault.

Elements Required to Prove Second-Degree Sexual Assault

Elements required to prove second-degree sexual assault

To convict someone of second-degree sexual assault, the prosecution must prove several elements:

  1. There must be evidence of non-consensual touching of the victim's intimate parts.
  2. It must be established that the touching was for the sexual arousal, gratification, or abuse of either party.
  3. It must be shown that the victim did not or could not consent to the touching, either due to incapacity, coercion, or physical restraint.

Lack of Consent From the Victim

Proving lack of consent is central to a second-degree sexual assault case. Consent must be clear, coherent, willing, and ongoing throughout any sexual encounter. Lack of consent may be due to mental incapacity, fear, intoxication, unconsciousness, or deception.

Use of Force, Threats, or Intimidation

The use of physical force, threats, or intimidation to gain sexual access to someone's body characterizes many sexual assault cases. This can include threatening harm, using physical strength to overcome resistance, or intimidating a victim into submission by threatening professional or personal repercussions.

Involvement of a Victim Who Is Incapable of Consent

Cases also often involve victims who are incapable of giving consent due to age, mental disability, or physical incapacitation. Sexual activity with individuals who cannot understand the nature of the act or are unable to communicate unwillingness falls under sexual assault.

Penalties for Second-Degree Sexual Assault

Someone convicted of second-degree sexual assault could face a variety of penalties. These criminal offenses are prosecuted vigorously. A few key examples of penalties you might face include:

Potential Prison Time Based on Jurisdiction and Case Facts

The penalties for second-degree sexual assault vary depending on the specifics of the case and local laws. In California, a conviction can lead to imprisonment in county jail for up to one year if convicted of a misdemeanor with aggravating factors. If convicted of a felony, they face time in state prison for up to four years.

Those convicted while under 18 could face time in a juvenile detention facility. Other penalties may include significant fines and restitution to the victim.

Sex Offender Registration

You could also be required to register as a sex offender. You might face restrictions on where you can live and visit. You might not be allowed within a certain distance of various buildings in the school district. This includes either a public or private school.

How We Defend Against Second-Degree Sexual Assault Charges

How we defend against second-degree sexual assault charges

Defending against second-degree sexual assault charges requires a thorough examination of the facts and circumstances surrounding the case. Our defense strategies aim to challenge the allegations and provide a clear picture of what truly occurred.

Here are several ways we defend against second-degree sexual assault charges:

  • Establishing consensual interaction. We work to prove that the interaction was consensual, showing evidence of mutual agreement to the actions taken.
  • Questioning the credibility of the accusation. Our defense may involve scrutinizing the accuser's credibility, looking for inconsistencies in their story or motives for falsely accusing.
  • Alibi defense. Presenting an alibi to show the accused was not present at the time the alleged assault occurred.
  • Lack of intent. Demonstrating that there was no intent to gratify or abuse sexually can be a key element in defense.
  • Evidence of misinterpretation. Arguing that what might have been perceived as sexual was not intended as such or was misunderstood by the accuser.

How a Criminal Defense Lawyer Can Help With Sexual Assault Charges

Facing sexual assault charges can be an overwhelming and life-altering experience, but a skilled criminal defense lawyer can provide essential guidance and support throughout the process.

Here are key ways a criminal defense attorney can assist you with sexual assault charges:

  • Navigating the legal system. A criminal defense attorney guides you through the complex legal system, ensuring all procedural rights are maintained.
  • Building a strong defense. Your lawyer will gather evidence, secure witnesses, and formulate a strong defense strategy tailored to the specifics of your case.
  • Negotiating plea deals. If appropriate, your lawyer may negotiate a plea deal to reduce the charges or the potential penalties.
  • Protecting your reputation. An experienced attorney understands the stakes beyond the courtroom and strives to protect your personal and professional reputation.
  • Offering support and guidance. Facing sexual assault charges can be overwhelming; a dedicated lawyer provides not only legal representation but also emotional support.

Let Us Handle Your Sensitive Case With Grace and Compassion

Handling a case of second-degree sexual assault requires sensitivity, thorough legal knowledge, and strategic insight. Our team is committed to providing a defense that respects all parties' rights and dignity. We approach each case to achieve the best possible outcome while ensuring that justice is served fairly. Trust us to handle your case with the confidentiality and respect it deserves.

Contact Our Los Angeles Sexual Assault Lawyer for a Free Case Consultation

Contact Our Los Angeles Sexual Assault Lawyer for a Free Case Consultation

If you're facing charges of second-degree sexual assault, it's crucial to seek competent legal help immediately. Hurwitz Law Group is here to fight for you. We have a long track record of successful case results and client testimonials. We always put your needs first.

Contact us today to schedule a free case consultation.

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