Forcible Sexual Penetration Penal Code 289

Forcible Sexual Penetration Penal Code 289Have you been arrested for forcible sexual penetration (Penal Code 289)? California takes sex crimes very seriously. When you are facing a felony sex offense, you deserve the best legal defense possible to fight for your freedom and good name.

The Rodriguez Law Group has represented clients accused of sex crimes in Los Angeles, CA, for more than 20 years. Contact our law office for a free consultation with a Los Angeles forcible sexual penetration attorney to begin building your defense.

How The Rodriguez Law Group Can Help if You Were Arrested for Forcible Sexual Penetration in Los Angeles

Don’t face a felony sex offense alone or rely on an overworked public defender. With your freedom and good name on the line, an experienced Los Angeles criminal defense attorney will advocate for your rights and freedom.

The Rodriguez Law Group was founded by Ambrosio E. Rodriguez, a criminal defense attorney with more than two decades of experience. Attorney Rodriguez spent half of his career as a Senior Deputy District Attorney, which gives him crucial insight into the prosecution’s strategies.

When you choose The Rodriguez Law Group to fight for you, we will work tirelessly to:

  • Give you legal advice, guidance, and support at every stage of your case
  • Investigate potential violations of your constitutional rights
  • Develop a multi-faceted defense strategy that uses exculpatory evidence, evidentiary challenges, and cross-examination
  • Pursue a dismissal of your case if the evidence does not support the charges
  • Negotiate for reduced charges or a plea deal if it’s in your best interest
  • Present a compelling defense to seek an acquittal or not guilty verdict
  • If convicted, argue for the most lenient sentencing possible

Contact The Rodriguez Law Group today for a free case review with an experienced Los Angeles criminal defense lawyer. We are ready to fight for your freedom and will leave no stone unturned in building your defense.

Overview of Forcible Sexual Penetration Penal Code 289

Under California Penal Code 289 PC, it is a felony to penetrate someone’s anus or vagina by force or threats.

There are several elements to this crime:

  • The act is accomplished through force, violence, duress, menace, or fear
  • The act of sexual penetration involves a foreign object, substance, or instrument.
  • The act is committed without the victim’s consent

This offense is referred to as forcible sexual penetration, sexual penetration through force or fear, or forcible penetration with a foreign object. This offense can be committed in many ways and covers a wide variety of scenarios.

Penetration with a Foreign or Unknown Object

Penal Code 289 only refers to an act of sexual penetration that is accomplished with a foreign object, substance, instrument, or unknown object. This can include the offender’s fingers or any other part of the body that is not a sexual organ.

Forcible sexual penetration of a victim’s genital or anal opening with a penis is covered under a separate statute. Penetration for the purposes of sexual arousal, gratification, or abuse can be accomplished with any external object. Moreover, it does not need to be the offender who penetrates the victim.

Penal Code 289 can be charged for causing another person to penetrate you or the victim or causing the victim to penetrate themselves through force, duress, menace, or fear. For instance, this may involve threatening to kill the victim or forcing a third party to penetrate the victim with a foreign object.

Penetration Against the Victim’s Consent

Another crucial element of this offense is the penetration was performed without the victim’s consent.

This may be accomplished through:

  • Force
  • Duress
  • Menace
  • Threats of unlawful bodily injury
  • Threats of retaliation or revenge

Penal Code 289 also defines other scenarios in which penetration is considered a crime, including when a victim is:

  • Unconscious or unaware of the nature of the act,
  • Too intoxicated to resist,
  • Unable to legally consent due to physical or developmental disability or mental disorder

This means that sexual penetration with a foreign object does not always need to be accomplished through threats, violence, or force.

What Are the Penalties for Forcible Sexual Penetration in Los Angeles, CA?

PC 289 is a serious felony charge in California. If convicted, you may face a prison term of 3, 6, or 8 years in prison. However, there are many aggravating factors that can increase the penalties.

If the victim was under 18, the penalties are enhanced. If the victim was 14 to 17, you may face a prison sentence of 6, 8, or 10 years. If the victim was under 14, the possible sentence is 8, 10, or 12 years in prison.

In rare cases, an offense under PC 289 can be considered a wobbler. This means it may be charged as a misdemeanor instead of a felony. PC 289(h) refers to sexual penetration of a minor under 18 without the use of threats, force, violence, or duress. If convicted under PC 289(h), you may face probation, up to one year in jail (as a misdemeanor), or two to three years in prison as a felony.

If you are convicted of forcible sexual penetration, you may qualify for formal or felony probation. This is only available in certain cases, such as those involving a disabled person or PC 289(h). Forcible penetration of an unconscious or intoxicated person or forcible penetration accomplished through fear, force, or threats will not qualify for felony probation.

Sex Offender Registration for PC 289

In addition to a long prison sentence, a conviction of forcible sexual penetration usually requires registering as a sex offender. You may be required to register as a Tier I, Tier II, or Tier III offender.

Tier I offenders must register for 10 years. PC 289 offenses charged as misdemeanors (and in some felony cases) that qualify for Tier I registration include subsections C, F, G, H, and I.

Tier II offenders must register for 20 years. Two subsections of PC 289 qualify for Tier II registration:

  • Sexual penetration with a foreign object without force or violence when the victim could not consent due to mental disorder or disability.
  • Forcible sexual penetration using threats of retaliation in the future

Tier III offenders must register for life. Subsections of PC 289 that qualify for Tier III registration include:

  • Sexual penetration with a foreign object by force or duress on a victim under 14 and more than 10 years younger than the offender
  • The victim was too intoxicated to consent
  • Victim was unconscious

In rare cases, a judge might not require sex offender registration.

What Defenses Are Available if I’m Charged with Forcible Sexual Penetration in California?

At The Rodriguez Law Group, we understand that accusations of forcible penetration may arise due to a misunderstanding, false accusations, or simple mistake of fact.

To be convicted of forcible sexual penetration, the prosecution must prove all elements of the crime.

There are many possible defenses to your charges, including:

The alleged victim consented

Lack of consent can be hard to prove beyond a reasonable doubt. Many cases essentially come down to he said-she said allegations.

The defendant believed the victim consented

Everyone is taught that “no means no,” but most people also understand that there can be ambiguity about someone’s consent to a particular act. Sometimes criminal charges result from a mistake of fact or misunderstanding. For instance, both parties may have been intoxicated, and the defendant reasonably believed the other party was consenting to the act.

PC 289 makes it a crime to penetrate someone who cannot give legal consent because they are too intoxicated or have a mental disorder or physical disorder. However, the defendant must have known or reasonably should have known the person could not give consent.

If you had no reason to know the alleged victim could not consent, you have a valid defense.

False accusations

False allegations are, sadly, all too common. Many people are charged with serious sex crimes when a current or former partner falsely accuses them. False allegations can also occur during a contested divorce or child custody dispute to get the upper hand.

Your defense attorney may also seek to have the charges against you reduced or a lesser sentence, depending on the circumstances. For instance, if the act did not involve force, violence, duress, menace, or threats, the offense may be reduced from a felony to a misdemeanor.

At The Rodriguez Law Group, we will also investigate your case to determine if your constitutional rights were violated. If police misconduct was involved, we will seek to have evidence suppressed so it cannot be used against you.

Contact a Los Angeles Forcible Sexual Penetration Attorney for a Free Case Review

Forcible sexual penetration (Penal Code 289) is a serious sex crime. When you are facing a possible prison sentence and sex offender registration, you deserve the best legal defense possible.

Contact The Rodriguez Law Group to schedule a free consultation with a Los Angeles forcible sexual penetration attorney who can help you. We will fight for your freedom, protect your rights, and build the strongest defense possible.

Last Updated on June 23, 2021