May 5, 2014

Forcible Sexual Penetration

What is forcible sexual penetration?

Forcible Sexual Penetration is a type of rape law. Forcible Sexual Penetration applies if it is done against the victim’s will and used force fear or threats. It is also applied if the victim could not consent due to him or her being unconscious, asleep, intoxicated, or disabled. the definition of penetration is defined as any penetration no matter how deep in a persons genitalia or anus. It can be charged if the victim was forcibly penetrated, if he or she forced the victim to penetrate him or herself, or if the victim was forced to penetrate anyone else. Foreign object is considered anything that is not a sexual organ. If it is not known what penetrated the opening, then the penis can also fall under this category. Forcible Sexual Penetration

Punishments for Forcible Sexual Penetration

All types of penetration is considered a felony. It has a baseline punishment of up to 8 years in prison. If the victim was a minor over 14 the sentence can go up to 10 years. If the minor was under 14 then the sentence increases to 12 years. committing the crime will also make him or a her a sex offender. They will have to go through a lifetime of registration as a sex offender and will receive a strike under Californians three strike law.

Defense for Forcible Sexual Penetration

Very similar to rape laws its always a he said she said basis. Commonly when these things happen its due to a confused conversation or mixed signals. If you honestly believed that the other person consented then you cannot be charged. The accuser may have made up stories to gain an advantage for other motives. If there was touching, but no real penetration then you cannot be charged for Forcible Sexual Penetration. Its important to note that it requires a definite consent. If the accuser merely had a condom or perhaps did want to and then takes the consent back then you do not have consent.

Make sure to have an attorney read over your case. Forcible Sexual Penetration can be a simple misunderstanding that can be resolved.