While second-degree sexual assault may sound like a lesser offense than first-degree sexual assault, the truth is that this charge is still serious and can result in harsh penalties.
If you were sexually assaulted, you may have questions about how your assault is categorized and the penalties your assailant may face if convicted.
Second-degree sexual assault can be classified as a felony or a misdemeanor depending on the details of the case, and perpetrators can face extended prison sentences along with steep fines.
If you were sexually assaulted, reach out to an experienced Los Angeles sexual abuse lawyer to learn more about your legal options for pursuing compensation and justice.
Offenses That Are Categorized as Second-Degree Sexual Assault
California Penal Code Section 243.4 defines second-degree sexual assault, which can be interchangeably referred to as sexual battery.
Under this penal code, second-degree sexual assault is specified as the non-consensual touching of the intimate parts of another person for sexual arousal, gratification, or abuse.
Second-degree sexual assault can include instances where the abused was restrained or psychologically coerced, and covers various actions such as groping and other more severe acts of non-consensual touching.
Some of the acts that can be tried as second-degree sexual assault include:
- Coercive touching: This involves using threats or intimidation to force someone to touch the intimate parts of another person against their will.
- Non-consensual groping: Any act of touching the intimate parts of another person without permission, even if the touching was over the clothing.
- Abuse of authority: Acts taken by a person in a position of power to elicit sexual favors can be charged as second-degree sexual assault.
- Touching of an incapacitated person: This includes any sexual touching of a person who is unable to give their consent, whether because they are drunk, drugged, unconscious, or otherwise incapacitated.
- Medical exploitation: Acts taken by a medical professional to illicitly touch a patient disguised as a medical procedure performed without necessity or consent.
The Differences Between First-Degree and Second-Degree Sexual Assault
First-degree sexual assault is charged in the most severe cases of assault and carries heavier penalties than second-degree sexual assault. The main difference between the two charges is the level of force used by the assailant.
First-degree sexual assault can also be referred to as rape and involves non-consensual sexual intercourse or penetration, and involves the use of force or fear of immediate bodily harm. This offense is outlined in California Penal Code Section 261.
In contrast, second-degree sexual assault does not have to involve penetration and is generally charged in cases involving the unlawful touching of intimate areas.
This type of sexual assault typically includes manipulation or coercion as opposed to physical force. While the penalties for second-degree sexual assault are severe, they are not as harsh as those for first-degree sexual assault.
Penalties for Second-Degree Sexual Assault Charges
The penalties for a second-degree sexual assault conviction can be severe and will depend on the details of the case and whether it is treated as a misdemeanor or a felony.
Some of the possible criminal penalties your assailant could face for a misdemeanor charge include:
- Up to one year in jail
- A fine of up to $2,000
- Summary probation
If the offense is charged as a felony, the potential penalties will increase substantially. If convicted of felony second-degree sexual assault, your assailant could face:
- Up to four years in prison
- A fine of up to $10,000
- Formal probation
Whether the charge is a misdemeanor or a felony, the defendant will have to register as a sex offender if convicted. This can result in restrictions on where they can live, work, and visit.
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Filing a Civil Lawsuit Related to Second-Degree Sexual Assault
In addition to criminal charges, assailants may face civil lawsuits as well. If you were assaulted, you have the right to file a lawsuit against the party that caused you harm.
This lawsuit is separate from the criminal case against your assailant. Any experienced sexual assault lawyer can handle every aspect of your case while you focus on your physical and emotional health.
Through a civil lawsuit, you can pursue compensation for your damages from the party that assaulted you and any other parties that enabled the assault. Through a lawsuit, you can recover compensation for the damages you suffered and hold your abuser accountable. This can be especially important if the assailant is able to avoid a criminal conviction.
You need to understand that the standard of proof is far higher in criminal cases than in civil lawsuits, which means you can still pursue a claim even if your assailant avoids a criminal conviction.
In criminal cases, the guilt of the defendant must be proven beyond a reasonable doubt, while in a civil case, you only need to prove that they are more likely guilty than not.
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Reach Out to an Experienced Second-Degree Sexual Assault Lawyer if You Have Been Assaulted
Attempting to recover compensation after surviving second-degree sexual assault can be challenging. Fortunately, the team at Arias Sanguinetti can help you through every step of the process. Our legal team has over 300 years of combined experience, which we can use to help you build a strong case for compensation.
Get in touch with us today by phone or through our website to set up a free case review with a member of our legal team. We’ll review all the details of your case and advise you of your legal options for pursuing compensation from the liable party.
Call or text 310-844-9696 or complete a Free Case Evaluation form
