What is Forcible Rape with A Foreign Object?
According to California Penal Code Section 289, forcible rape with a foreign object can also be known as sexual penetration by force or fear, and forcible sexual penetration. There are four conditions that must be met for the definition of forced rape with a foreign object. First, the accused must commit sexual penetration with the victim. Second, the aforementioned penetration must be performed with a foreign object. Third, the sexual penetration must have been against the victim’s consent. This means the victim could have been asleep, unconscious, not aware of the act, or also not aware of the nature of the act because of fraudulent activity committed by the perpetrator. Fourth, the rape must have been accomplished through a use of force, fear of injury, threat of retaliation, violence, menace, or duress.
What Are the Penalties for Forcible Rape?
Forcible rape with a foreign object carries a heavy punishment like all other sex crimes. According to the California Penal Code, such a conviction carries a felony classification. When convicted of the crime, the guilty party must face either three, six, or eight years in a California state prison facility. Furthermore, if the perpetrator is convicted, they can pay a fine of up to $10,000. Given the nature of the crime, all individuals convicted under this penal code will be classified as a tier three offender, and must register as a sex offender for their lifetime. Failure to register every year results in further charges for failing to register as a sex offender, which is another felony charge.
If you have been falsely accused of sexual penetration with a foreign object, immediately contact an experienced forcible rape attorney. This crime carries serious, life-changing charges and must be handled with expertise and care. Possible defenses include proving that full and proper consent was given or that the accusations themselves are false.