Fullerton, Orange County - At least three woman have come forward accusing an anesthesiologist at Placentia-Linda Hospital of sexual battery while undergoing surgery, according to authorities.
Yashwant B. Giri is accused of sexual battery on three females, a 16-year-old, 28-year-old and 36-year-old, who were under his care, according to detectives.
Employees at the hospital reported witnessed Giri abusing two of the victims, according to a police statement.
Fullerton criminal attorney Michael L. Guisti says sexual battery under Penal Code 243.4 is essentially when a person unlawfully touches a "private part" another person against their will for sexual arousal.
Sexual battery is a "wobbler," which means it can be charged either as a felony or misdemeanor.
Now it's the elements of the crime that make the difference on whether it's charged as a a misdemeanor or felony, and basically it amounts to how you committed the crime and whether or not you "touched" the bare skin of the "private parts," according to Guisti.
In most misdemeanor sexual battery cases the touch is generally over the clothes and the person wasn't restrained in any way, according to Guisti.
Now in felony sexual battery cases the touch either has to be skin-to-skin contact and/or the person had to be somehow restrained, institutionalized and medically incapacitated, according to Guisti.
Now if the suspect in this case was seen allegedly "touching" the victims skin-to-skin then it's a felony, but if the suspect allegedly touched the victims over their clothes, but were under medical care then it's best for Giri to contact an Orange County criminal defense attorney who could argue the merits of the victims being institutionalized and medically incapacitated, which could bring the charges to a misdemeanor, says Guisti.
If convicted of misdemeanor sexual battery the suspect could face several months in Orange County jail and must register as a sex offender, and if convicted of felony sexual battery the suspect faces between two to four years in prison, thousands of dollars in fines and must register as a sex offender, according to Guisti.
If you've been accused of sexual battery it's very important to contact our experienced Orange County sex crimes attorney at the Law Offices of Michael L. Guisti at 888-478-8999.
We'll hear your side of the story and work to get you the best possible outcome so you can go on with your life.
