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Can my friend be charged with sexual battery?

San Diego, CA |

My friend was recently reported to the police for sexually touching a girl he was making out with. No charges have been filed yet, but they want to charge him with misdemeanor sexual battery for grabbing her breast without her consent.

My question is this: is the context irrelevant to a sexual battery charge? My friend and this girl were aggressively making out when he reached up and put his hand on her breast. She told him to stop and he did. The touching lasted only momentarily. Can't my friend claim that he reasonably believed that he had consent given the circumstances? Most people would think that aggressive kissing and petting reasonably imply consent to further sexual touching, and he stopped at the first sign of objection from her.

Attorney Answers 7

  1. Best answer

    Your friend will not want to make any statements to the police, even if his actions were innocuous, he needs to have counsel to ensure he does not make any statements that may be used against him. A single touch as you have described, in the context of making out, is not a sexual battery. Your friend definitely needs to hire an experienced, local attorney and answer all of the attorney's questions, truthfully. Your friend does not need to worry about what he discusses with his attorney as it is protected by Attorney-Client confidentiality which can not be waived without the client's consent (absent extraordinary exceptions).

    I will be happy to speak with you at no cost with a phone or office conference. Please call my office at 619-231-0401 or visit my website at

  2. To correctly answer your question, it will depend on ALL of the facts. There seems to be more to this story than meets the eye. Your friend should contact a criminal defense attorney before speaking to anyone about this especially the police.

  3. Mr. Williams is correct IMHO. There is more to this than meets the eye. A breast grab that was not consensual could form the basis for a sexual battery charge but without more I think the DA probably has bigger fish to fry.

  4. Depending on the age of the girl, consent may be a defense. However, you're friend should speak about this case only to a defense attorney, since anything he says to anybody else van be used against him in court. It's best to have his defense attorney tell his side of the story. Most defense attorneys in San Diego County provide free consultations, so he should obtain one right away to ensure his interests are protected.

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381

  5. Were these the only facts then I seriously doubt the prosecutors office would bother. He needs an attorney and to remain silent. I'm wondering what the relative ages of the participants were and he should advise his lawyer if the girl was underage and he is an adult, S that can have significant consequences.

  6. "Your friend" needs to keep his mouth closed and hire a locally experienced criminal defense attorney if contacted by law enforcement. Context is key.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

  7. As the others have suggested. Make sure he makes absolutely no statements to the police or any authorities. And, that he contacts a local criminal defense attorney to assist him with this matter.

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at

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