California Civil Jury Instructions (CACI) (2017)

1306. Sexual Battery—Essential Factual Elements

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1306.Sexual Battery—Essential Factual Elements
[Name of plaintiff] claims that [name of defendant] committed a sexual
battery. To establish this claim, [name of plaintiff] must prove the
following:
1. [(a) That [name of defendant] intended to cause a harmful [or
offensive] contact with [name of plaintiff]’s [sexual organ/anus/
groin/buttocks/ [or] breast], and a sexually offensive contact with
[name of plaintiff] resulted, either directly or indirectly;]
1. [OR]
1. [(b) That [name of defendant] intended to cause a harmful [or
offensive] contact with [name of plaintiff] by use of [name of
defendant]’s [sexual organ/anus/groin/buttocks/ [or] breast], and a
sexually offensive contact with [name of plaintiff] resulted, either
directly or indirectly;]
1. [OR]
1. [(c) That [name of defendant] caused an imminent fear of a
harmful [or offensive] contact with [[name of plaintiff]’s [sexual
organ/anus/groin/buttocks/ [or] breast]/ [or] [name of plaintiff] by
use of [name of defendant]’s [sexual organ/anus/groin/buttocks/
[or] breast]], and a sexually offensive contact with [name of
plaintiff] resulted, either directly or indirectly;]
1. AND
2. That [name of plaintiff] did not consent to the touching; and
3. That [name of plaintiff] was harmed [or offended] by [name of
defendant]’s conduct.
[“Offensive contact” means contact that offends a reasonable sense of
personal dignity.]
New October 2008
Directions for Use
Omit any of the options for element 1 that are not supported by the evidence. If
more than one are at issue, include the word “OR” between them.
Give the bracketed words “or offensive” in element 1 and “or offended” in element
3 and include the optional last sentence if the offensive nature of the conduct is at
issue. In most cases, it will be clear whether the alleged conduct was offensive.
The offensive nature of the conduct will most likely not be at issue if the conduct
was clearly harmful.
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0015
For a definition of “intent,” see CACI No. 1320, Intent.
Sources and Authority
• Sexual Battery. Civil Code section 1708.5.
Consent as Defense. Civil Code section 3515.
• “A cause of action for sexual battery under Civil Code section 1708.5 requires
the batterer intend to cause a ‘harmful or offensive’ contact and the batteree
suffer a ‘sexually offensive contact.’ Moreover, the section is interpreted to
require that the batteree did not consent to the contact.” (Angie M. v. Superior
Court (1995) 37 Cal.App.4th 1217, 1225 [44 Cal.Rptr.2d 197], internal citation
omitted.)
• “The element of lack of consent to the particular contact is an essential element
of battery.” (Rains v. Superior Court (1984) 150 Cal.App.3d 933, 938 [198
Cal.Rptr. 249].)
• “As a general rule, one who consents to a touching cannot recover in an action
for battery. . . . However, it is well-recognized a person may place conditions
on the consent. If the actor exceeds the terms or conditions of the consent, the
consent does not protect the actor from liability for the excessive act.” (Ashcraft
v. King (1991) 228 Cal.App.3d 604, 609–610 [278 Cal.Rptr. 900].)
Secondary Sources
5 Witkin, Summary of California Law (10th ed. 2005) Torts, §§ 381–416
3Levy et al., California Torts, Ch. 41, Assault and Battery, § 41.01[3] (Matthew
Bender)
6 California Forms of Pleading and Practice, Ch. 58, Assault and Battery, §§ 58.27,
58.55 (Matthew Bender)
2 California Points and Authorities, Ch. 21, Assault and Battery, § 21.27 (Matthew
Bender)
1 California Civil Practice: Torts §§ 12:7–12:9, 12:36–12:39 (Thomson Reuters)
1307–1319. Reserved for Future Use
CACI No. 1306 ASSAULT AND BATTERY
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