Have you been charged with a sex crime? If so, it is in your best interest to retain an experienced attorney as soon as possible. A forcible sexual penetration with a foreign object charge is considered a very serious sex crime with severe penalties.
Your reputation and freedom are at stake, which is why hiring a skilled attorney from the Law Office of Nicolai Cocis is paramount to ensuring your case has the best outcome possible. Call our firm at (951) 666-2605 to discuss your charges.
Legal Definition of Penetration with a Foreign Object
In order for the law to consider a charge of sexual penetration by a foreign object, the act must be committed with another person without their consent through force, violence, duress, fear, or threat of bodily injury or retaliation. You could also face these charges if you committed an act of sexual penetration with a foreign object with a person who is unable to legally provide consent due to a mental disorder, development or physical disability. In addition to the above, you can also be charged if the person was unconscious or too intoxicated during the act to legally resist or provide consent.
Below are some examples of crimes an individual could commit that could result in a forcible sexual penetration with a foreign object charge.
- A group of college boys use a bottle of vodka to penetrate the anus and vagina of a female classmate who is passed out at a party.
- A man threatens to shoot a woman unless she uses a dildo to penetrate the anus of another man.
- A man uses force to subdue a stripper performing a lap dance and penetrates her with his fingers.
Definition of Foreign Object
As noted in the examples above a foreign object can be any object including a body part other than a sexual organ. Forcible penetration with a sexual organ is considered sexual intercourse and under the law, a person could be charged with rape. Oral copulation by force or fear is almost identical to the forcible sexual penetration charge, the difference is that it involves oral copulation by force or fear.
The penalties for forcible penetration of a foreign object are severe. In California, this sex crime is considered a felony punishable by up to 3, 6, or 8 years in a state prison and/or up to $10,000 in fines. If the sexual penetration was performed on a minor the penalties can be more severe. If the minor was over 14 years old, you could face 6, 9, or 10 years in state prison. If the minor was under the age of 14, you could face 8, 10, or 12 years in prison.
If you are convicted of this crime you will also be required to register as a sex offender. Which means you will have to register with the police of the city where you live. The registration must be renewed every year within five days of your birthday and/or every time you move.
Charged with a Sex Crime in Temecula or Murrieta?
If you were recently charged with a sex crime in Temecula or Murrieta, you should contact our experienced criminal defense attorney for a free consultation. Remember you are innocent until proven guilty and have a right to fair trial. The sooner you contact an attorney, the better the outcome of your case. By hiring an attorney experienced in this type of case, you ensure you have a legal advocate knowledgeable in the practice of law needed to properly represent you.
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