States employ a wide choice of terms to describe sexually exploiting victims. Some call it rape, some call it sexual assault, sexual battery, sexual misconduct, and the list goes on. In California, the statutes that address sex crimes using fraud refer to the offense as “sexual battery,” as 49 year old David Wolfsmith of Morgan Hill found out the hard way yesterday.
Wolfsmith, owner of The Wolfpak, a gym located in downtown Morgan Hill, and formerly a high school cross country coach, was booked on Sexual Battery by Fraud as well as child molestation and lewd and lascivious acts against a child. According to Jason Green, a reporter for Mercury News, five victims have come forward. The oldest is in her 50s. Wolfsmith is being held at Santa Clara County Jail and his bail has been set at $100,000.
Sexual Battery by Fraud is limited to fraud in the factum in California’s statutes which means deception as to the act itself, not the actor. While the reasoning behind this absurd limitation is unjustifiable and allows other sexual predators to exploit victims at will, at least the state of California recognizes this very specific variety of using fraud to commit a sex crime.
Click here for the statute or read the excerpt below:
243.4. (a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, 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. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000). (b) Any person who touches an intimate part of another person who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000). (c) Any person who touches an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).
Something very similar happened to me! People still ignore me oftentimes because I am male. The hurt from the betrayal in a relationship can nonetheless be very painful! https://realdanniaskini.wordpress.com/
franriese-
I’m so sorry to hear of your circumstance. I’m often called a “feminazi” because of my stand on this issue. As many times as I say this problem affects both genders, those words are largely ignored.
Thanks for speaking up! If more men bravely came forward, perhaps society would begin to listen!
Wishing you all the best!
Joyce
Thank you so, so much Joyce! I do think that there is certain type of abuse that women are definitely disproportionately affected by … but – I have definitely learned over the last three years how traumatic emotional abuse, gas lighting, combined with infidelity can be. I would have rather wanted to be thrown down a flight of stairs than to go through this kind of pain! Neither are nice, but I would personally choose the former. :'( The only concrete proof I finally found was an STD I was diagnosed after having been faithful for three years.
Both disease and mental anguish make major changes in a person’s psyche. I’m currently working on a post to explain those profound changes. I truly hope you’re on the mend!
Joyce
You are bringing up something I have been afraid of. I sometimes wonder how I will end up being after all of this is over. Yes, I know all those Facebook affirmations, how times like these make us stronger – yaddayadda. But I am truly scared for my mental sanity. The abuse from my manager, ex’s friends, trauma, loss, sorrow, betrayal, infidelity, seeing her in the newspapers all the time – there is just no end in sight. Taking the easy way out becomes more and more appealing every day.
Frankriese-
Unfortunately, society has very little awareness when it comes to the defilement victims feel from this crime. It makes you very aware that not everyone in your life has sincere concern and meaningful value to you. We never faced an opportunity to see their moral values before. We see them now.
There are people around you that you felt were your support team, and you found out that their beliefs are detrimental to your well being. It’s hard to ignore the nay-saying of people we love and depend on. But we need to understand that they are simply ignorant when it comes to our circumstance. Find other people who “get it.”
You are not what happened to you.
Working with a therapist that’s familiar with sociopathic abuse will help you regain balance in your life.
You can’t recover your past. But you can recover…….. And you can carve a new future for yourself.
The pain will diminish and you will feel joy once again.
I’ve traveled this path. I wrote my book to help people along this journey, and I hope it can provide that help for you. It may also enlighten the people around you regarding what you’re experiencing if you ask them to read it.
Speaking with a professional will help you manage depression and the other impacts on your brain infrastructure and chemistry that changes as a result of Complex PTSD. You’ve been traumatically harmed and are suffering from a condition. You need to raise your endorphin levels, be good to yourself, and get the help you need.
I know it’s hard. I suffered terrible depression. But I’m glad I’m still here and can tell my story to help others along the way.
Please stay in touch, and do everything in your power to get well.
Joyce
Thank you so much for taking the time to reply to me! I am very glad you are still with us and I want to take the time to read your book!
You’re very welcome Frankriese. And I’m sure there will be folks who’ll appreciate your efforts by your staying the distance.
One of the fastest ways to reclaim your self esteem is to do good for others! Giving up gives the win to the demons in your life.
I wish you healing and a bright, happy future.
Joyce
I dated a woman for six months. She told me she could not get pregnant. She said even if she got an operation the chance would be slim. I insisted on using a condom every time. She dumped me over the condom issue. About two years later I ran into her and her baby. She laughed it off saying all is fair in love and war. I realized that I was raped dozens of times in that six month period.
Nick-
Wow! What a heartless con!
You are so fortunate that you used good judgement! Whether a person is male or female, no one has the right to engage in sex by treachery. I understand the defilement you feel.