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Timothy Busfield

Accused of Sexual Battery

5/20/2012 9:50 AM PDT BY TMZ STAFF
EXCLUSIVE

0521_timothy_busfield_article
A movie date for Timothy Busfield went terribly awry ... a woman is now accusing the famed actor of sexual battery ... TMZ has learned.

Law enforcement sources tell us ... Busfield took a date to the ArcLight theaters in Sherman Oaks Wednesday night. Our sources say the two began kissing during the movie, but the woman claims at some point ... Busfield groped her in the breast and genital areas. 

We're told the woman abruptly ended the date and went to police the following evening  ... filing a report alleging sexual battery. 

Law enforcement sources tell us police are investigating.  Busfield has not been arrested, but we're told cops would like to speak with him. 


Busfield's credits include "The West Wing," "thirtysomething," "Field of Dreams," and "Revenge of the Nerds."

Busfield could not be reached for comment.

175 COMMENTS

No Avatar
121.

MP    

I think she might only have a case if she said no and he didn't stop. I feel bad for him. He can't even go on a simple date without having something like this happen and then to have it splashed across TMZ?

784 days ago
122.

Mason H    

Breaking News... Now that litigation has become America's favorite past time, any affectionate contact with a partner of greater financial means is "sexual battery!" This crap is ridiculous. If she said "no" and he stopped it shouldn't be battery. They were sharing a mutual kiss which with most adults is a prelude to further intimate contact, not a way to check what someone had for lunch!

784 days ago
123.

Sienna Sacha    

Oh come on. . you know this is not true . . . . the next thing you will tell me is that Bill Clinton raped Eileen Wellstone or Junita Broderick or stuck a cigar up some fat intern. . .. . . unbelievable what they print these days. .

784 days ago
124.

BadCoworkers.com    

Ogre was right. Nerds!

784 days ago
125.

PokerStar    

He tried stealing 2nd base and was thrown out by the catcher.

784 days ago
126.

Nicole75    

I dated him briefly. He wouldn't do this, unless he was misread the signals. I doubt that he misread anything, he is very perceptive. Bottom line: he is a good guy who has had some bad luck.

784 days ago
127.

Patrick Henry    

According to California's definition of sexual battery this does not qualify:

order to obtain a conviction for a California sexual battery, the prosecution must prove each of the following three facts:

(1) That you touched the intimate part of another,

(2) That the touching was

(a) Against the will of the other person, or

(b) That consent was fraudulently obtained, and


(3) That you touched the other person to specifically cause sexual arousal, sexual gratification, or sexual abuse.

888.327.4652 | 24/7 Sex Crimes Consultations
California Law on Sexual Battery
& Sexual Assault

Penal Code 243.4

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Our California sexual battery defense attorneys are conveniently located throughout Southern California and have offices in Los Angeles, Long Beach, Palm Springs and all surrounding areas.

In this article, we will discuss the definition of "sexual battery" (sometimes referred to as "sexual assault") under California law; how prosecutors go about proving the crime; defenses to the crime that California criminal defense lawyers commonly assert; and the penalties and punishment that can flow from a conviction.
Proving a Penal Code 243.4 California Sexual Battery Charge

California Sexual Battery___
The non-consensual touching of the intimate part of another for:

Sexual arousal
Sexual gratification -or-
Sexual abuse

In order to obtain a conviction for a California sexual battery, the prosecution must prove each of the following three facts:

(1) That you touched the intimate part of another,

(2) That the touching was

(a) Against the will of the other person, or

(b) That consent was fraudulently obtained, and


(3) That you touched the other person to specifically cause sexual arousal, sexual gratification, or sexual abuse.

Sexual Battery, section 243.4 of the California Penal Code, is a "wobbler". A "wobbler" can be filed as either a felony or a misdemeanor depending on the cir***stances that surround the case. Below we will discuss what factors can make a California sexual battery charge a misdemeanor versus a felony.
California Misdemeanor Sexual Battery

California Penal Code Section 243.4 (e) (1) defines misdemeanor sexual battery as the non-consensual touching of the intimate part of another for (1) sexual arousal, (2) sexual gratification, or (3) sexual abuse.

Examples:

Larry, a dentist in Pasadena, purposely brushes against his female patient's breasts when he reaches across them to grab his dental instruments. The Pasadena City Prosecutor's Office could charge Larry with California misdemeanor sexual battery.


Joe and Sue, who live together in Burbank, have been involved in a sexual relationship for six months. One night following a fight, Sue begins fondling Joe's penis (over his pants) trying to initiate sex. Joe tells her to stop but she doesn't. Sue could be charged in Burbank with a misdemeanor sexual battery.

Penalties for Misdemeanor Sexual Battery in California (all may apply):

Informal (otherwise known as summary) probation for up to five years


Probation may include (1) community service, (2) regular attendance in a batterer's education program, and/or (3) regular attendance in a program designed to help those with sexual abuse/compulsion issues


Up to 6 months in the county jail


A maximum $2,000 fine

*up to $3,000 if the accuser was your employee


Registration as a sex offender, pursuant to California Penal Code section 290

California Felony Sexual Battery

Felony sexual battery in California, under Penal Code 243.4, is an act committed for the same sexual purposes as described above and is the non-consensual touching of the intimate part of:

(a) Someone who was unconscious as to the nature of the act because he/she was fraudulently convinced that the touching was for professional purposes,

(b) Someone who was unlawfully restrained,

(c) Someone who was institutionalized and either medically incapacitated or seriously disabled, or

(d) Someone falling under "b" or "c" above who was forced to masturbate oneself or touch the intimate part of another


You can be charged with sexual battery under California Penal Code 243.4 even if you are only an "accomplice" if the accuser falls under section (d) above.


This is the only section where California recognizes a sexual battery if the alleged victim is forced to touch your intimate parts instead of you touching his or hers.


For example, if Sally was unlawfully restrained, and John made her touch his penis, he would be guilty of a California sexual battery, pursuant to section (d) above.


However, if John convinced Sally to touch his penis, by telling her it would help in her psychotherapy (using an example from section "a" above), he would not be guilty of a California sexual battery. Sexual battery in California would require John to touch one of Sally's intimate parts -- not the other way around.


It should be noted that depending on the specific cir***stances surrounding this type of example, the nonconsensual touching could still invite a criminal charge. Sexual assault, criminal threats, and battery are some examples.


California sexual battery, in contrast to California rape, does not require that the offender engage in penetration or sexual intercourse.

Penalties for Felony Sexual Battery in California (all may apply):


Formal probation


2, 3 or 4 years in the California State Prison


A maximum $10,000 fine


Registration as a sex offender, pursuant to California Penal Code section 290


It should be noted that, depending on the cir***stances, a misdemeanor charge could be filed even if the offense meets the legal definition of felony sexual battery. In that case, your jail sentence may increase from a maximum six months to a maximum of one year. The other misdemeanor penalties remain the same.

Definitions used in California Sexual Assault Cases:


To "touch" means that you made contact with the accuser's intimate part. Any touching will invite the charge. However, California felony sexual battery has an additional requirement that you touch the "bare skin" of the accuser's intimate part. This type of felony "touching" is accomplished either (1) directly with skin-to-skin contact, or (2) through your clothes.


For example, Bill, while dancing behind Sally in a Santa Monica nightclub, quickly pulled Sally's skirt and underwear aside and rubbed his crotch against her bare buttocks (though Bill's pants were still up).


This type of touching amounts to a California felony sexual battery, since Bill touched the bare skin of Sally's private parts. By contrast, there is no "bare skin" requirement to be convicted of sexual battery as a misdemeanor in California. That type of touch can be direct or through either person's clothes.

Referring back to the dentist example under the section entitled California misdemeanor sexual battery, Larry commits a sexual battery as a misdemeanor every time he rubs his hand over one of his patient's clothed breasts.

An "intimate part" is a female's breast or the anus, groin, sexual organ or buttocks of anyone.


"Against the will" means nonconsensual. To consent, a person must act freely and voluntarily and know the nature of what he or she is consenting to.


"Fraudulently" means that you made the representation with the intent to deceive and mislead the alleged victim.


"To specifically cause sexual abuse" means that you intend to injure, hurt, humiliate, intimidate or cause pain to another.


"Unlawful restraint" occurs when someone's liberty is controlled by words, acts, or authority of another and the restraint is against his or her will. Unlawful restraint requires more than just the physical force necessary to accomplish the sexual touching.


For example -- Jill, a teacher at a school in Anaheim, invited her student, Stephanie, into an empty classroom, closed the door and blocked it with a chair. After Stephanie tried to walk across the room, Jill called her over and fondled her bare breasts and buttocks beneath her clothes.


The California Court that heard this case ruled that Jill unlawfully restrained Stephanie. The court ruled that Jill used more than just the physical force required to fondle her by (1) using her authority as a teacher, (2) creating a private situation by blocking the door, and (3) preying on Stephanie's fear which was clearly conveyed when she walked across the room away from Jill.


A person does not unlawfully restrain someone if he or she uses lawful authority for a lawful purpose as long as the restraint continues to be lawful.


For example -- Bob, a correctional officer in Barstow, transports handcuffed male inmates. While being transported, they are lawfully restrained. However, when Bob partially undresses them to fondle them, the purpose is no longer lawful and the inmates are now unlawfully restrained.


Being an "accomplice" means that you are subject to prosecution for the identical crime charged against the defendant. You are subject to prosecution if you personally committed the crime or if:


You knew the defendant was acting in a criminal way, and


You intended to, and did in fact, (a) aid, facilitate, promote, encourage, or instigate the commission of the crime, or (b) participated in a criminal conspiracy to commit the crime.

Defenses to a California Penal Code Section 243.4 Sexual Battery Charge

Consent


Jerry and Sara were on a date. Although Sara didn't want Jerry to put his hands inside her bra or underwear, she didn't convey that thought to Jerry and didn't ask him to stop. Jerry was under a reasonable belief that Sara consented to the behavior.

Insufficient Evidence


Examples:


Mike touched Susie's buttocks over her jeans but was charged with California Felony Sexual Battery (there was no "bare skin" touching).


Katie willingly accompanied Dan into a secluded area. He forcefully kissed her and then put his hand down her pants. When she told him to stop, he did (no unlawful restraint).


False allegations / Innocence


Darrell York, one of Ventura County's leading criminal defense attorneys and a former Glendale Police Officer, states that "false charges for California sexual battery cases are filed routinely out of jealousy, revenge, anger or in an effort to interfere with a child custody dispute".

784 days ago
128.

Patrick Henry    

Unspoken rules for safety: Why parents don't teach their kids how to be safe all through their lives.
One: When being examined by a doctor or anyone in the medical profession , ask for someone of your gender be present. If you are being drugged for a dental procedure again ask that a female be present. If you are in the professions protect yourself by having someone present an that includes masseurs who know that physiologically speaking a massage will cause excitement in some clients. Always journal things that are not normal doing teh working day/life.

Ladies and yes"young" men now because of the pervs now, when going to a club go in numbers, or don't go out at all. If someone is harassing you let your friends or bouncers know. Never go home with anyone until you get to know them. always ASK FOR THEIR ID AS WELL. if they decline they are up to no good.

When going on a date let your friends know who you will be with and where they live and where the date might be. Mae a pact with them to come and get you should you be drugged drunk or feel endangered. Pepper spray is your friend.
Protest their actions very loudly until someone notice or they stop with their greasy grabbing.

I don't mean to be a know it all but someone I went to High School with and worked with ws killed by a well known serial killer at a club. I had been invited to join the group that day but declined. For someone reason the victim left the club alone. The killer beat and stabbed her and left her in a dumpster like trash. The killer had been mistakenly let out of jail that day.

No matter if you are male, female, straight gay bi, we all need to learn to be careful out their. Thanks to the internet we all can become victims of stalkers as well.

784 days ago
129.

Patrick Henry    

Shiite I am sorry about that long law post was to be a short clip and stick.

784 days ago
130.

Alarmed    

Uh wtf? I must be missing something here, I'm not seeing how that's "sexual battery". They were making out, he got all touchy. OK fine, end the date if that's not your caper but going to the police and alleging sexual battery is a mockery.

784 days ago
131.

Marie    

What a bitch! They were making out and she got felt up! What's the big deal. I'd kick her ass! I have gotten felt up plenty of times...geeshhh!

784 days ago
132.

Ronald Austin    

It is true you are not legally allowed to "make out" anymore. When in such a situation you HAVE TO ASK FIRST.... "May I touch your private parts?" Oh, wait, Travolta tried that and got sued anyway.

784 days ago
133.

Hervey....Hervey of Arabia...He was a single guy...    

Always thought he was a creepy little SOB POS.

784 days ago
134.

shelly    

what happened to just slapping the crap out of the guy and moving on?

784 days ago
135.

RJ    

What a lousy article...no real details...the least they can do is tell us what movie they wer seeing, and what it was rated. If this was at a "G" movie he should spend at least a night in jail, but if she went to an "R" show he gets a pass. If it was an "X" movie he should sue her!

784 days ago
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