Last Updated on April 4, 2025
In California, forced sex charges aren’t limited to acts involving rape with a penis. They can also include acts of oral copulation by force or fear or an act of non-consensual sexual penetration with an object, including another body part. Forcible penetration with a foreign object is a sex crime under California Penal Code section 289 (PC), and the offense carries serious criminal penalties, including mandatory sex offender registration.
What is Forcible Penetration?
In California, a non-consensual sexual penetration that is not performed with a penis is charged under Penal Code section 289 (PC). The charge is called “forcible sexual penetration by use of a foreign object,” and “while many people mistakenly believe the meaning of this law is prohibit forced sexual interactions with objects foreign to the human body,” says attorney Peter Liss, “the definition includes body parts such as a tongue, fingers, hands, arms, feet, and legs.” Alternatively, this sex crime may involve an actual foreign object —such as a bottle, broom, or dildo, being inserted into another person’s genital or anal orifice without their consent.
While the law specifies “forcible sexual penetration,” any form of penetration without sufficient consent violates the law even if it was not inherently sexual, caused no bodily injury, or if no actual force was used. Even the threat of future harm can be used, and threats can be made against another individual, not just the victim.
What Does Forced Digital Penetration Mean?
When the contact is done with a finger or toe, the charge may be referred to as “digital penetration with a foreign object,” as the term “digit” in medical terminology means a finger or toe. Under this definition, non-consensual sexual contact with a finger is illegal and akin to rape. However, many people mistakenly believe this is a less serious offense than sexual assault performed with a penis.
Examples of Crimes Under 289 (PC)
The legal definition of forcible penetration is broad, and this law has many applications. The following examples would all fall under this charge:
- A man forcibly sticking his fingers into the vagina of a woman on the trolley.
- A woman pretending to be a police officer sticking a nightstick into a man’s anus.
- A man threatening to hurt another man’s child if he does not let him put his finger in his anus, even if the threat was not immediately made against the victim himself.
- A frat member inserting a bottle into a passed-out pledge’s anus as part of a hazing ritual, even if the incident was not explicitly sexual in nature.
- A person inserting a dildo into the vagina of someone considered too mentally incompetent to consent to a sexual act, even if no outright force was used.
- A woman sexually penetrating an intoxicated person with a foreign object if the individual was considered too drunk or high to consent.
- A man sticks his finger into his wife’s vagina while she sleeps, even if they are legally married.
- A woman sticking a beer bottle into the anus of someone she believes to have wronged her friend under threat of accusing him of rape if he fights back.
- An adult inserting a dildo into the anus of someone under 18, as the victim would still be considered too young to consent under the state’s statutory rape laws.
If you aren’t sure if a particular action would violate the law, an attorney can help answer any questions you may have.
Defenses to Forcible Penetration With a Foreign Object
Like most sex crimes, these charges often come down to the victim’s word versus the word of the accused. For this reason, you can frequently fight these charges by either arguing:
- there is insufficient evidence against you
- no sexual act occurred
- the victim consented in a legally acceptable manner
You should never attempt to defend yourself against these charges without an attorney present because it is very easy to say something that may harm your case later on.
For example, if you said you were not with the victim on the day the offense took place and police can prove otherwise, you will be seen as a liar by the police, prosecutors, and jury, so your word will hold very little weight. Similarly, consent is never a defense when minors are involved, so if you attempt to defend yourself by saying that a juvenile asked you to penetrate them with an object, this will only be used as evidence against you. On the other hand, consent can be a strong defense against allegations from a person who was sober at the time the crime occurred, so you and your attorney may agree this strategy could benefit your case.
Sometimes, you may be able to undermine your accuser by showing that they have something to gain by falsely accusing you of a crime. Unfortunately, because forcible penetration allegations are very ugly, it is important to only attempt this defense after speaking with your lawyer, as these claims can backfire against you by making the supposed victim look more sympathetic.
What is the Penalty for This Charge?
Sexual penetration by force or fear is always a felony offense. The penalties include a period of 3, 6, or 8 years in state prison, a fine of $10,000, formal probation, and mandatory registration on the state’s sex offender registry. This offense would qualify as either a tier two or three offense on the registry, meaning that those convicted of this crime may be required to register for at least 20 years and possibly for the rest of their life.
The penalties for 289 (PC) can be even more severe if the victim was a minor, with sentencing ranging between 6 and 10 years in prison if the victim was over 14, and a maximum sentence of up to 12 years in prison if the victim was under 14. Notably, if the act involved consensual contact with a minor, it is still a crime, but only a misdemeanor, with a mandatory sentence of one year in jail. “Though you should never try to defend yourself by arguing that the minor victim consented, your attorney may argue this fact after reviewing your case to help ensure you face less serious penalties,” says Liss.
In some cases, the best defense to forcible penetration is to negotiate a plea bargain to minimize the sentence you may face. “If I had a client accused of this charge, I might try to negotiate the charges down to sexual battery, which is a misdemeanor charge punishable by no more than six months in jail,” says Liss. “This defense would only work in some cases though, not in those with ample evidence of violent physical attack.”
When the crime is charged as a misdemeanor because it is charged as sexual battery or involved a consensual encounter with a minor, it is only considered a tier one offense on the sex crimes registry. “A misdemeanor charge only requires a minimum of ten years on the sex offender registry, and an attorney may even get the judge to waive this requirement,” says Liss.
Related Charges
Those accused of this offense may face other charges as well. The most common crimes charged alongside forcible penetration include rape, oral copulation by force or fear, statutory rape, and sexual battery. “A skilled attorney can help you fight all of these charges, developing a strong defense based on the specifics of your case,” says Liss.
“If you have been accused of violating 289 (PC), I can help,” says Liss. Please call (760) 643-4050 for more information and to schedule a free initial consultation to discuss your case.
