Forcible Acts of Sexual Penetration

Penal Code 289 — Forcible Acts of Sexual Penetration

Penal Code 289  prohibits using threats or force to penetrate someone sexually with a foreign object.  The sexual penetration means any form of penetration, no matter how slight.

A “foreign object” can include an instrument — for example — a sex toy, or a body part such as a finger.  In other words, any object that is not a sexual organ.

Punishments for Violations of Penal Code 289

Every violation of Penal Code 289 is a felony, and the majority of offenses are punished by a state prison term of 3, 6 or 8.  However, if the victim was over the age of 14 (but still a minor), the sentence can be increased to up to 10 years in state prison.  If the victim was under the age of 14, the sentence can be increased to up to 12 years in state prison.

Nearly all convictions under Penal Code 289 are “strikes” under California’s Three Strikes Law, and anyone convicted of violation Penal Code 289 must register as a lifetime California Sex Offender under Penal Code 290

What the Prosecutor Must Prove to Convict a Defendant of Forcible Acts of Sexual Penetration

To be punished under Penal Code 289, a prosecutor must prove beyond a reasonable doubt that the sexual penetration was against the victim’s will, and carried out in one of the following ways:

  • Violence
  • Force
  • Menace
  • Duress
  • Threats to hurt the victim or another person

Penal Code 289 also punishes a person who sexually penetrates a victim against their will, and the victim is:

  • Asleep
  • Unconscious
  • Intoxicated to the point that they cannot consent
  • Disabled

Defenses to Forcible Acts of Sexual Penetration Charges

While every forcible sexual penetration case must be evaluated on its specific facts, successful defenses in these cases may include the following defenses:

  • Defendant “actually” and “reasonably” believed  that the victim consented to the sexual acts
  • False accusations
  • There was no “penetration”.  For example, rubbing a finger above a sexual organ but not penetrating the sexual order.
  • Insufficient evidence.  For example, victim and witness statements and other evidence fail to show beyond a reasonable doubt that the defendant

Contact Us Now

Schwartz & Naderi’s team of criminal defense attorneys has over 80 years of combined experience aggressively defending clients facing all types of sex-related charges, including the crime of sexual penetration by a foreign object, and will strategize a vigorous defense from the moment of arrest until the completion of the case.

If you or a loved one has been charged with any sex offense, contact a Los Angeles criminal defense attorney from Schwartz & Naderi today at (310) 246-9550.

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