In California, forced sex charges aren’t limited to those involving rape with a penis or oral sex, but instead can be filed any time someone sexually penetrates someone without a minimum acceptable level of consent. Here is what a Vista sex crimes lawyer believes you should know.
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 a finger can count, but generally is an object -such as a bottle, broom or dildo. Additionally, while the law specifies “forcible sexual penetration,” any form of penetration without sufficient consent violates the law.
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 a violation of the law. Similarly, if a man threatens a woman with a knife to allow him to insert his finger into her vagina, he would be breaking the law. Additionally, if a woman inserted a dildo into a mentally challenged woman’s vagina and that woman was considered too mentally incompetent to consent to the penetration, it would be a violation of the law. The same would also be true if the woman inserted a dildo into a woman under 18, who is not considered mature enough to consent under the state’s statutory rape laws.
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, a Vista sex crime 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 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 sex crime defense attorney in Vista.
If you believe you are under investigation for any sex crime, do not speak to police or your accuser without your Vista rape defense lawyer present. Please call Peter M. Liss at (760) 643-4050 to schedule a free initial consultation to discuss your case.
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