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Los Angeles Forcible Acts of Sexual Penetration with a Foreign Object

Under California Penal Code 289, the act of forcible penetration with a foreign object is defined as follows: “An act of penetration, sexual in nature, which is accomplished without the consent of the victim by means of duress, violence, threat, force, or fear of unlawful and immediate bodily harm of said victim or another individual.”

Under the aforementioned law, sexual penetration is defined as the action of penetrating, regardless of amount, of the anus or genitalia of another individual with the aim of sexual gratification, arousal, or abuse by means of an unknown or foreign object, instrument, device, or substance.

Any portion of the body besides a sexual organ can be considered a foreign object. However, any object or portion of the body can be considered an unknown object.

A person can also be convicted of forcible penetration with a foreign object if the victim of the crime is incapable of giving legal consent due to being:

– Unconscious

– Intoxicated

– Asleep

– Mentally, developmentally, or physically disabled

 

Penalties

Forcible penetration with a foreign object is a felony in the state of California. The typical sentence for those convicted of this crime is a state imprisonment of 3, 6, or 8 years, and they must register as a sex offender.

If a person accomplishes the crime of forcible penetration with a foreign object through the use of threatening future retaliation against the victim, or another person, and reasonable possibility to execute the threat is found, the perpetrator will face the state imprisonment of 3, 6, or 8 years.
If a person commits this crime against a victim who is over the age of 14, but still a minor, the state imprisonment sentence is increased to 6, 8, or 10 years.
If the victim of this crime is under the age of 14, the state imprisonment sentence is increased to 8, 10, or 12 years.

 

Defense

Being charged with forcible penetration with a foreign object is serious and must be met with the proper defense. Potential defenses include the ability to prove:

– False accusation(s)

– A reasonable belief of consent

– Consent was established

– No penetration occurred

– Lack of evidence

 

False accusations are, unfortunately, common in cases such as these. A defense against a claim of false accusations is reliant upon alibis and physical evidence.
Consent is an extremely important factor when it comes to both the prosecution and defense being able to prove their side of the case. It tends to be difficult for a prosecution to prove that no consent was given which is why being able to prove that there was a reasonable belief of consent or that consent was established is critical.

Being able to prove that no penetration took place is another defense used in cases such as these. If this defense can be proven, it can, at the very least, lessen the charges brought against you.
A lack of evidence is also a critical defense. If a prosecution has a lack of evidence, it lessens your chances of being convicted of the crime and may have the charges dismissed entirely.

 

Contact our firm to get in touch with one of our experienced lawyers who can answer your questions, discuss your case, and work with you to craft the defense you need.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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