California Sexual Assault Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 26, 2025

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California law bans sexual assault and sexual battery. California, like most other states, categorizes these offenses as sex crimes. Generally, these laws ban the unwanted touching of another person's intimate parts. In some cases, they involve unwanted and nonconsensual sexual intercourse against the person's will as well.

If you're facing sexual battery or sexual assault charges, you should know the California Penal Code. These criminal charges can lead to prison time, fines, and sex offender registration.

Here, we'll explain California's sexual assault and battery laws. We will also describe the possible defenses to these crimes. We'll also link the California statutes governing these crimes and other helpful resources.

How Does California Law Define Sexual Assault and Sexual Battery?

A sexual battery conviction requires the prosecutor to prove each element of the offense. The judge must acquit the accused of the charges if they can't do this.

The elements of sexual battery are as follows:

  • The defendant touched an intimate part of another person while restraining them. This can take place either above or under the victim's clothing.
  • According to the California Penal Code, intimate parts include the sexual organs, anus, buttocks, or breasts. When a sexual assault leads to nonconsensual sexual intercourse or sexual penetration with the victim, the state will charge the offender with rape.
  • The defendant touched the victim against their will. The prosecutor must prove that there was no consent to the touching.
  • The defendant touched the alleged victim for their sexual gratification, sexual arousal, or sexual abuse. It's not a crime if someone touches another person for a non-sexual reason, such as for a professional purpose. It would be difficult for the prosecutor to convict the defendant.

California Sexual Assault Laws: An Overview

For more information on specific California sexual assault laws, see the chart below.

Statutes
Possible penalties
  • Misdemeanor sexual battery: The judge may sentence you to six months in county jail and a $2,000 fine. The judge may order a fine of up to $3,000 if the victim worked for the defendant. If this is the case, the victim also has the option of suing the offender for sexual harassment in civil court.
  • Felony sexual battery: A conviction for this offense may result in up to a year in county jail and a $2,000 fine. But California state law also allows for imprisonment of up to four years in state prison and a $10,000 fine.
Defenses

If someone is facing charges for a crime involving sexual violence, they can raise a host of defenses. The most common defense is consent. If your criminal defense attorney submits proof that the sexual contact was not against the victim's will, the prosecutor may be unable to establish the elements of sexual battery.

Consent is a controversial defense because it may require a discussion of the victim's past sexual history. When the alleged victim is a child or lacks mental capacity, the defense of consent is not available.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, seek legal advice or conduct legal research to verify your state laws.

Get Professional Help With Your Sexual Assault Case

If you're facing sexual assault charges, challenging victim testimony can be a delicate balancing act. In sexual assault cases, it's essential to have a strong criminal defense attorney in your corner, one who understands the process and the best ways to present your defense.

If you wish to bring a civil case for sexual assault, a personal injury attorney experienced in sexual abuse cases can help. 

Related Resources For California Sexual Assault Laws

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