Woman in Santa Rosa Escapes Sexual Assault at Knifepoint (CA Penal Code 243.4)

Last Modified: October 13, 2020
June 18, 2015 | Rabin Nabizadeh | Sex Crimes, Sexual Battery

In the evening hours, around 10:30 p.m., a woman was nearly attacked sexually at knifepoint.  As she was returning to her apartment on Burt Street and Parkcreek Drive, she was busy removing bags from her vehicle when a man approached her, grabbed her from behind, and held a knife to her throat.  She was only able to escape by frightening off her assailant with the panic button on her car keys.  Although she sustained minor injuries to her neck, the woman was mostly unscathed.

California law takes sexual battery and sexual assault quite seriously.  According to CA Penal Code 243.4, touching another person for the express purpose of sexually gratifying oneself, when the other person is not willing, is a serious violation of the law.  This particular crime is a ‘wobbler’ in California, meaning that it may be treated as either a misdemeanor or as a felony, depending upon what prosecutors decide.

While misdemeanor sexual battery is a serious enough violation of the law, felony sexual battery may end, of course, in much harsher penalties.  If the victim was unlawfully restrained, as in the case above, then there are serious penalties indeed.  Although a conviction on charges of misdemeanor sexual battery will likely end in a period of 1 year in county jail (and a maximum fine of $2,000), a felony conviction could result in up to 4 years in state prison and a $10,000 fine.  Both misdemeanor and felony sexual battery convictions also subject an individual to lifetime registration as a sex offender (CA PC 290).

 

latest news

February 27, 2024
What to Do if You’ve Been Arrested for a DUI in San Jose
Being arrested for a DUI in San Jose, CA, can have severe penalties, potentially resulting in jail time, losing your driver's license, and other serious consequences. Here's what to do if facing a DUI conviction after being accused of driving over the legal limit and how a California DUI lawyer can help you resolve your case with [...]
February 25, 2024
What Happens When You Get a DUI?
Getting a DUI (Driving Under the Influence) can be a stressful and life-changing event. It starts the moment a law enforcement officer suspects you've been drinking and driving. This can lead to being pulled over, undergoing a field sobriety test, and possibly being arrested. The consequences of a DUI arrest include legal action, potential jail [...]
February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]