PC 289- Forcible Acts of Sexual Penetration
California Penal Code section 289(f) makes it a crime to commit sexual penetration by force, violence, duress, menace, or fear. It is also known as the “forcible penetration,” “forcible penetration with a foreign object,” or “forcible penetration by trick.”
The basic legal definition of forcible penetration:
- Committing an act of sexual penetration on another person,
- Without the other person’s consent,
- Through the use of force, violence, duress, menace, fear of immediate and unlawful bodily injury, or a threat to retaliate.
- “Sexual Penetration” is the act of causing penetration, however slight, of the genital or anal opening of any person or causing another person to accomplish that act.
And a person may also face forcible sexual penetration charges for:
- Committing any sexual penetration when the victim is unconscious of the nature of the act (for instance was asleep, not aware that the act occurred, or was tricked into the act by fraud;)
- Causing sexual penetration with a foreign object. “foreign object” shall include any part of the body, excerpt a sexual organ;
- Committing sexual penetration with a person who is unable to legally consent to the act due to a mental disorder or physical disability;
- Committing sexual penetration upon a child who is under 14 years of age;
- Committing sexual penetration by threatening to use the authority of a public official to incarcerate; or
- Committing sexual penetration on someone who is too intoxicated by drugs or alcohol to resist or be aware of the act.
- A person being charged with committing sexual penetration can also be charged with aggravated sexual assault or sexual sodomy with a child 10 years old or younger.
Some examples of scenarios that could lead to sexual penetration charges in California include:
- An 18-year old man who uses his finger to penetrate the vagina of a victim who is 13 years old, even though the victim agreed to the act;
- Five gang members threaten to murder a 21-year old woman’s family if she doesn’t let them penetrate her vagina with a broom stick; and
- A police officer threatens a woman with jail time unless she uses her finger to penetrate the anus of a man who is tied up.
PC 289 forcible acts of sexual penetration is a felony in most cases in California law.
Conviction carries a potential California state prison sentence of between three (3), six (6) or eight (8) years, and/or a fine of up to ten thousand dollars ($10,000).
If the victim was under 14 years of age at the time, the punishment for a conviction is eight (8), ten (10), or twelve (12) years. If the victim is 14 years of age or older, then the punishment is six (6), eight (8), or ten (10) years in state prison.
Sexual penetration with another person who is under 18 years of age at the time can be charged as a misdemeanor if the act is not committed by force, fear, violence, or duress.
A conviction for forcible penetration will also make you subject to California’s lifelong sex offender registration requirement.
This means that if you are convicted under California Penal Code 289, you must register with the state at least every year for the rest of your life — failure to register as required by law can result in an additional felony prosecution and/or a violation of probation if still under the supervision of the probation department.
A forcible sexual penetration conviction will lead to California’s sex offender registration requirement.
If you or a loved one is charged with sexual penetration, then it is absolutely crucial that you or your loved one hire an experienced attorney who knows how to defend against such a charge. There are several defenses, such as:
- The alleged victim actually consented,
- The defendant reasonably and actually believed that the alleged victim consented to the act,
- The district attorney waited too long to charge the crime, or
- The accusation is false.
When you are facing substantial jail time, you ought to consider:
Always a Free Consultation at Fiumara & Milligan, Law PC
Please feel free to call North Bay attorneys at Fiumara & Milligan Law, PC 24/7 at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential consultation to keep you out of jail. If you call after hours, our operators will gladly connect you to one of our experienced and compassionate attorneys 24/7.
“The Right Attorney Makes All the Difference.”