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Under California Penal Code 289, the act of forcible penetration with a foreign object is defined as follows: “An act of penetration, sexual in nature, which is accomplished without the consent of the victim by means of duress, violence, threat, force, or fear of unlawful and immediate bodily harm of said victim or another individual.”
Under the aforementioned law, sexual penetration is defined as the action of penetrating, regardless of amount, of the anus or genitalia of another individual with the aim of sexual gratification, arousal, or abuse by means of an unknown or foreign object, instrument, device, or substance.
Any portion of the body besides a sexual organ can be considered a foreign object. However, any object or portion of the body can be considered an unknown object.
A person can also be convicted of forcible penetration with a foreign object if the victim of the crime is incapable of giving legal consent due to being:
– Mentally, developmentally, or physically disabled
Forcible penetration with a foreign object is a felony in the state of California. The typical sentence for those convicted of this crime is a state imprisonment of 3, 6, or 8 years, and they must register as a sex offender.
If a person accomplishes the crime of forcible penetration with a foreign object through the use of threatening future retaliation against the victim, or another person, and reasonable possibility to execute the threat is found, the perpetrator will face the state imprisonment of 3, 6, or 8 years.
If a person commits this crime against a victim who is over the age of 14, but still a minor, the state imprisonment sentence is increased to 6, 8, or 10 years.
If the victim of this crime is under the age of 14, the state imprisonment sentence is increased to 8, 10, or 12 years.
Being charged with forcible penetration with a foreign object is serious and must be met with the proper defense. Potential defenses include the ability to prove:
– False accusation(s)
– A reasonable belief of consent
– Consent was established
– No penetration occurred
– Lack of evidence
False accusations are, unfortunately, common in cases such as these. A defense against a claim of false accusations is reliant upon alibis and physical evidence.
Consent is an extremely important factor when it comes to both the prosecution and defense being able to prove their side of the case. It tends to be difficult for a prosecution to prove that no consent was given which is why being able to prove that there was a reasonable belief of consent or that consent was established is critical.
Being able to prove that no penetration took place is another defense used in cases such as these. If this defense can be proven, it can, at the very least, lessen the charges brought against you.
A lack of evidence is also a critical defense. If a prosecution has a lack of evidence, it lessens your chances of being convicted of the crime and may have the charges dismissed entirely.
Contact our firm to get in touch with one of our experienced lawyers who can answer your questions, discuss your case, and work with you to craft the defense you need.