In California, forced sex charges aren’t limited to an act involving rape with a penis or oral copulation, but instead can be filed any time someone sexually penetrates someone in a genital or anal orifice without a minimum acceptable level of legal consent even with a foreign object. Here is what sex crimes lawyer Peter M. Liss believes you should know.
Penetration With a Foreign Object Definition
What would ordinarily be called rape but does not involve a penis is generally charged as forcible sexual penetration with a foreign object. In this case, the object does not need to be foreign to the human body itself as even a finger can count, which is sometimes referred to as “digital penetration with a foreign object” since in this case the term “digit” means a finger or toe. In most cases though, this type of act of sexual penetration generally involves an actual foreign object -such as a bottle, broom or dildo, being inserted into a genital or anal orifice. Additionally, 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 and/or if no actual force was used.
So, for example, if a frat house inserts a bottle into a passed out pledge’s anus as part of a hazing ritual, that would be sexual assault with a foreign object, even if the incident was not explicitly sexual in nature. Additionally, if a woman inserted a dildo into a mentally challenged woman’s vagina and the victim was considered too mentally incompetent to consent to a sexual act, it would be a violation of the law even if no outright force was used. The same would also be true if the woman inserted a dildo into a woman under 18, who is still considered a child who is not mature enough to consent under the state’s statutory rape laws.
Penalties for Forcible Penetration
As you can tell, this is a pretty broad law with many applications. If you aren’t sure if a particular action would violate the law, an attorney can help answer any questions you may have. Like most sex crimes, this offense is incredibly serious.
Those facing charges for forcible sexual penetration with a foreign object can face up to eight years in state prison and $10,00 in fines. Once they have served their time, they will continue to be punished through a lifetime registration on the state’s sex offender list. This is why it is so important to never fight these charges without the help of a top defense attorney at your side.
If you believe you are under investigation for any sex crime including rape with a foreign object, do not speak to police or your the alleged victim without your criminal defense lawyer present. Please call Peter M. Liss at (760) 643-4050 for more information and to schedule a free initial consultation to discuss your case.
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