Penal Code 288a — Oral Copulation by Force
Penal Code 288a punishes the crime of Oral Copulation by Force or Fear. Oral copulation means “any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person.”
Actual penetration is not required to be prosecuted for this offense.
Oral copulation by force or fear is an extremely serious felony offense in California. There are a range of punishments for forced oral copulation that mostly depend on the age of the victim. Specifically:
- Adult victim — up to 8 years in state prison
- Minor victim between 14 and 18 years old — up to 10 years in state prison.
- Minor victim under the age of 14 — up to 12 years in state prison.
- Minor victim less than 10 years old — In addition to oral copulation by force, a defendant could also be charged with the separate offense of sex with a minor. Sex with a minor carries a sentence of 15 years to life in state prison
Any oral copulation by force conviction requires a defendant to register as a lifetime set offender under Penal Code 290.
What the Prosecutor Must Prove to Convict A Person of Oral Copulation by Force
In order to convict someone of Oral Copulation by Force or Fear, a prosecutor must prove beyond a reasonable doubt that the Defendant did all of the following:
- Committed an act of oral copulation with another person,
- The other person did not consent — meaning, freely and voluntarily agree to the oral copulation, AND
- The oral copulation was committed through one or more of the following:
- Menace — by a statement, threat or act
- Fear of unlawful and immediate physical injury to someone; OR
- Threats of retaliation to someone if the victim did not comply with the oral copulation.
Defenses to Oral Copulation by Force Charges
While every Forced Oral Copulation case must be evaluated on its specific facts, there may be strong defenses against oral copulation by force charges.
For example, alleged victims, particularly younger alleged victims, may fabricate and lie about these extremely serious charges. The alleged victim or the alleged victim’s family may have animosity or a personal vendetta against the defendant for unrelated reasons, and use sexual abuse allegations to harm the defendant.
In other cases, parents may force or manipulate their children into lying about sexual abuse by family members or even strangers. In these cases, the defendant is the only true victim.
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 forced oral compulation charges, 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.