CALIFORNIA CRIMINAL LAWYERS

Forcible Penetration with a Foreign Object

Forcible Penetration with a Foreign Object: Understanding California Penal Code 289

Under California Penal Code 289, the crime of forcible penetration with a foreign object is defined as the act of penetrating, sexually, without the victim’s consent, through duress, violence, force, threat, or apprehension of immediate and unlawful bodily harm to the victim or another individual. Here’s what you need to know about this crime.

Definition of Sexual Penetration

Sexual penetration is defined as the act of penetrating, regardless of amount, the genitalia or anus of another individual with the intent of sexual arousal, gratification, or abuse by an unknown or foreign object, instrument, device or substance. In this case, any part of the body, except the sexual organs of an individual, can be considered a foreign object. Additionally, any object or portion of the body can be considered an unknown object.

Incapacity to Give Legal Consent

Victims who are incapable of giving legal consent due to any of the following circumstances may also be represented under this law:

– Unconscious
– Intoxicated
– Asleep
– Mentally, developmentally, or physically disabled

Penalties for Forcible Penetration with a Foreign Object

Forcible penetration with a foreign object falls under the category of felony in California. The basic sentence for this crime is a state imprisonment of either three, six, or eight years, accompanied by mandatory sex offender registration. If the convict accomplishes this act by using a threat of future retaliation against the victim or any other individual with a chance of executing the threat, the punishment will remain the same. The offender will face strict state imprisonment of either three, six, or eight years.

However, if the victim in question is a minor aged above 14, the punishment is increased to either six, eight, or ten years of state imprisonment. If the victim is a minor under 14 years of age, the state imprisonment sentence is further raised to eight, ten, or twelve years.

Defense for Accusations of Forcible Penetration with a Foreign Object

If you are charged with forcible penetration with a foreign object, it is crucial to remember that such accusations must be met with the proper defense. Some of the defenses for this crime include:

– A reasonable belief of consent
– Consent established between the parties
– False accusation(s)
– Lack of evidence
– No penetration occurred

Cases of false accusation are relatively frequent in these situations. If you are falsely accused, you must have alibis and substantial physical evidence in your favor. Consent is one essential factor for establishing either party’s case. It can be difficult for the prosecution to prove that the victim did not provide consent. Hence, this can affect the course of the trial. Therefore, proving that there was a reasonable belief of consent or that consent was established is critical in these cases. Lack of evidence is another defense used to protect people charged with forcible penetration with a foreign object. This strategy can lessen the chances of an individual being convicted.

If you or somebody you love is charged with the offense of forcible penetration with a foreign object, it is of utmost importance to consult experienced attorneys. Our legal team comprises experienced lawyers who can defend clients from various criminal offenses, including those related to sexual assault. They will put in all the effort to understand your case, answer your questions, and craft the defense you need to fight the charges.

Contact our law firm today to connect with our team of experienced attorneys.