Husband Accused of Sexually Assaulting Wife (CA Penal Code 243.4)

Husband Accused of Sexually Assaulting Wife (CA Penal Code 243.4)

Rabin Nabizadeh
April 7, 2015

Unfortunately, it is not uncommon to hear about cases of domestic violence or sexual assault that are perpetrated by one spouse against the other.  However, in the case of one 78-year-old Iowa man, the tale has a different hue.  It seems that he and his wife, also 78, were happily married only 7 years before she recently passed away.  Nonetheless, their loving relationship has been put into question.  The man’s wife had been relegated to a nursing home and, as her dementia increasingly became worse, staff members informed her husband that she was no longer able to mentally consent to having sexual intercourse.  Because he disregarded that warning, he will soon stand trial for sexually assaulting her.

If this man and his wife had been residents of California, the law would have also provided remedies for the woman’s family if sexual assault could be proven.  CA Penal Code 243.4 clearly states that ‘sexual battery’ (or assault) is defined as any touching of the intimate portions of another person’s body, for the express purpose of gratifying oneself sexually, sexually arousing oneself, or for reasons of abuse.  This violation of the law could be considered either a misdemeanor offense or a felony offense.  Most likely, the man would have been charged with a felony sexual assault, considering that felony sexual assault in California specifically addresses patients in inherently coercive environments like nursing homes.  Penalties for felony sexual battery in California include a $10, 000 fine and up to 4 years in state prison.

 

latest news

April 7, 2022
What Can I Expect After Being Arrested for a DUI in California?
A DUI charge is a severe criminal offense in California. DUI arrests take away a massive part of your driving privilege and could tarnish your reputation. Prior DUI convictions can inflict further damage to your career opportunities, driving rights, and immigration status. This blog will go over what you must expect when facing DUI charges. [...]
April 7, 2022
How Long Does a DUI Stay on Your Record in California?
DUI cases may stay on your criminal record forever. The United States sees DUI as a serious traffic crime punishable with grave penalties. Fighting your way through a DUI case is a challenging task. But, it doesn't mean you can't do anything about it. There are legal options available for you, depending on the nature [...]
April 6, 2022
Arrested for DUI in California: Am I Going to Lose My Job?
You've been charged with a DUI and have no idea what to do next. A lot of worries may run through your mind, including the fear of losing your job. Many aspects of a DUI charge can be overwhelming to a person, even to those familiar with California Law. In this blog, we will discuss [...]