A well-known starting forward for a college basketball team was charged with four felony counts alleging that he inappropriately touched two women without their consent. The star player is being charged with one count of sexual battery (P.C. 243.4) and three counts of rape. (P.C. 261)
According to media sources, the basketball player is accused of holding two women against their will while he reached into their pants at an off-campus party on December 12, 2010.
The starting forward made a court appearance on February 7th after he was charged and was accompanied by many of his fellow teammates. He was not required to enter a plea, and his initial court appearance was continued until March 7, 2011. He was freed on $5,000 bond.
Under California Penal Code Section 243.4, it is a crime for any individual to touch an intimate part of another person while that person is unlawfully restrained by the accused and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. If convicted of misdemeanor sexual battery in California an individual can face imprisonment in county jail for up to a year, a fine up to two thousand dollars, or both. If the individual is convicted of a felony count of sexual battery they may face a prison sentence of two, three, or four years and a fine of up to ten thousand dollars. (P.C. 243.4)
To be convicted of rape in California the prosecution must prove that sexual intercourse was achieved against the will of the victim, or that it was achieved by a lack of valid consent. Rape is considered to have occurred against the will of the victim if it was achieved through a coercive use of force or threat that compels the victim to submit under duress or fear of retaliation. If convicted of rape in California, an individual can potentially serve a state prison sentence of three, six, or eight years.
In addition to the possible incarceration that someone faces when accused of a sex offense, if a person is found guilty of certain sex offenses in California they must register as a sex offender pursuant to Penal Code Section 290. This is an extremely important factor in all sex offense cases. A person would want to do all they could to avoid having to register as a sex offender as it in many ways will limit where you live, who you can visit with and how you can live your life.
For all of these reasons, it is vital that you seek the legal representation of an experienced sex crimes attorney if you are facing allegations of sexual misconduct.
At Wallin & Klarich, we have been helping people for over 30 years to avoid the debilitating consequences of a rape or sexual battery charge. Call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there for you when you call.
