Sexual Assault Lawyer California and Rape Lawyer

Generally, rape is defined as forcing or coercing another person to engage in sexual activity including a form of penetration no matter how slight. This can include penetration, anal or oral sex, and penetration with an object or other body part against the other person’s will. However,  some sexual assault lawyer has use rape and sexual battery interchangeably. Additionally, when there is a child involved, a child sexual abuse lawyer will help you under the difference between molestation and sexual assault. Therefore, please contact a sexual assault lawyer for a free consultation.



In most states sexual battery refers to sex crimes not involving penetration and while still traumatic for their victims, in the eyes of the law these are considered as a less serious offense. Sexual battery is defined in most states as the unwanted touching of intimate body parts without consent or through deception. Some states consider touching of intimate body parts both with or without clothing to be included in the definition and some states require the act to be conducted for reasons of sexual gratification to be considered as sexual battery. A sexual assault lawyer in your state will help you understand the nuances. If a child abuse is involved, it is child sexual abuse lawyer is necessary to protect the child’s interests.

Acts which are encompassed under the definition of sexual battery in most states include:

  • Forcing a kiss on the mouth
  • Touching a person’s genital areas
  • Grabbing or fondling a person’s breasts
  • Forcing a person to touch or grab the offender’s intimate body parts
  • Grabbing or fondling a person’s bottom

Report sexual abuse to the police, and if a minor is involved, contact a child sexual abuse lawyer for help.

Consent in Sexual Assault

The crux of what differentiates sexual contact from a sex crime is consent or the lack of it. If sexual contact happens without someone’s willing involvement or against someone’s will there is said to be a lack of consent and therefore it is considered a sex crime. This includes cases where:

  • There is a use of physical force in the sexual contact which overrides the person’s ability to give consent.
  • The person is threatened or harm is threatened against another person if there is any resistance.
  • Any touching or penetration after someone has said “stop” or “no” or anything else to indicate that they want the sexual contact to stop.
  • Sexual contact with someone who is seen as not having the ability to give consent, such as people with a mental disability, minors, or someone who is drunk, drugged, unconscious, or otherwise physically unable to give consent.

A sexual assault lawyer will always look to see if there was consent which is not always clear cut. Consent is seen as lacking in cases where sexual contact or rape involves coercion or deception. This applies to situations where someone is misled about the reason behind contact with intimate body parts. For example, many sexual assault lawyer has seen cases where a massage therapist who touches a client’s intimate areas under the guise of trying to get to another muscle or convinces a client that sex or sexual contact would be necessary for recovery would be charged with sexual battery or rape. Similarly a casting agent or anyone else in power that convinces someone that sexual contact, intercourse, or otherwise performing sexual acts is necessary for career progression would be charged with sexual battery or rape. If the sexual contact was on a child, a sexual assault attorney and child molestation lawyer can help the child victim.



Is Sexual Battery A Felony Or Misdemeanor?

The charging of sex crimes varies from state to state but in general rape is always charged as a felony and therefore carries the possibility of a prison sentence. When sexual battery is defined as sexual touching rather than penetration it can be considered either a felony or a misdemeanor. When a crime is involve, a criminal defense attorney and a civil sexual assault lawyer are both necessary. Though it varies in each state, generally sexual battery is considered a felony if:

  • The sexual contact involves skin to skin contact, that is an intimate area is touched without clothing.
  • Sexual contact with a minor.
  • Sexual contact with someone who is unconscious or physically restrained.


Always contact a sexual assault lawyer as earliest a possible to protect against the statute of limitation. Most importantly, if a child is was sexually abused, please do not delay in informing the police and contact a child sexual abuse lawyer for help.

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