CALIFORNIA LEGAL CODE
California Civil Code § 1708.5
Sexual Battery
Under California Civil Code § 1708.5, a person who intentionally causes harmful or offensive sexual contact — including nonconsensual condom removal (“stealthing”) — commits sexual battery and is liable to the victim for general, special, and punitive damages.
Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.
Exact Statute Text
1708.5. (a) A person commits a sexual battery who… (1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact… results… (4) Causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed.
(b) A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages. (c) The court… may award equitable relief, including… an injunction, costs, and any other relief the court deems proper. (d)(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female.
Read the full, current section at the official source: Cal. Civ. Code § 1708.5 (leginfo).
In Plain English
- Civil wrong: sexual battery is an intentional tort you can sue over — separate from any criminal case.
- Stealthing covered: nonconsensual condom removal is expressly a form of sexual battery (subd. (a)(4)–(5)).
- Full damages: general, special, and punitive damages are all available (subd. (b)).
- Equitable relief: courts may also order injunctions and other relief (subd. (c)).
Key Terms Defined
Sexual battery
Intentional harmful or offensive sexual contact (or apprehension of it) causing a sexually offensive contact.
Intimate part
The sexual organ, anus, groin, or buttocks of any person, or the breast of a female (subd. (d)(1)).
Stealthing
Nonconsensual removal of a condom during sex — expressly actionable under subd. (a)(4)–(5).
Purpose & Context
Section 1708.5 gives survivors a direct civil cause of action for sexual battery — including punitive damages — without depending on a criminal prosecution, and California expanded it to cover “stealthing.”
Real-World Example
After a nonconsensual sexual contact, a survivor sues under § 1708.5. Because the tort is intentional, the survivor may seek general and special damages plus punitive damages, and the court can add injunctive relief — regardless of whether a criminal case was ever filed.
Civil Code § 1708.5 at a glance
| Item | What it means | Subdivision |
|---|---|---|
| What it is | Intentional harmful/offensive sexual contact | (a) |
| Stealthing | Nonconsensual condom removal is sexual battery | (a)(4)–(5) |
| Damages | General + special + punitive | (b) |
| Other relief | Injunction, costs, equitable relief | (c) |
| “Intimate part” | Sexual organ, anus, groin, buttocks, or female breast | (d)(1) |
Related California Statutes
Why 1708.5 Matters
For survivors & plaintiffs
You can pursue full compensation — including punitive damages — for sexual battery as a civil claim, whether or not a criminal case exists. See our California sexual abuse lawyer page.
For defendants & institutions
Intentional-tort liability with punitive-damages exposure attaches to the conduct itself, independent of the criminal system.
Frequently Asked Questions
What is sexual battery under California civil law?
Under Civil Code § 1708.5, it is intentional harmful or offensive sexual contact with an intimate part of another, causing a sexually offensive contact.
Is ‘stealthing’ illegal in California?
Civil Code § 1708.5(a)(4)–(5) makes nonconsensual condom removal a form of sexual battery you can sue over.
Can I recover punitive damages for sexual battery?
Yes. Subdivision (b) expressly lists punitive damages among the recoverable damages.
Do I need a criminal conviction to file a § 1708.5 claim?
No. It is a civil cause of action independent of any criminal prosecution.
Joseph Shirazi — Managing Partner · California State Bar #265403
Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, representing injury and abuse survivors throughout California. He leads the firm’s litigation practice and has recovered substantial results for clients in serious injury and sexual abuse cases.
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Legally reviewed by Simon Esfandi, Partner & Co-Founder (CA Bar #275307).
Disclaimer: This page provides general legal information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes.
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