If she is caught, Danielle will likely be charged with oral copulation by force or fear. In addition to the charges above, there are several other charges that may apply to Code a. If the victim is younger than 18, but at least 14, prison sentences increase to six, eight or ten years. If the victim is younger than 14, prison sentences increase to eight, ten or twelve years.
Prison sentences include:.
Other guests at the party all agree with Andrew, reassuring her that this is what she needs to do. Andrew and all of his guests who lied to Geanina may now be found guilty under Code a. There are a few ways an experienced criminal defense attorney may fight a charge under California Penal Code a. These include:.
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That final point is one that presents much ambiguity. A victim may have consented originally, then decided during the act they did not want to continue — but did not say anything. In these instances, it may be more difficult to prove the alleged victim did not give consent.
In addition, some couples have alternative relationships, in which consent is understood to be given, even if one party says no. They may also have an agreement that violence, force, threats, etc. With nearly every segment of oral copulation by force or fear, there are caveats that can swing a case either in favor of the alleged victim or alleged perpetrator. As such, it is vital to have an experienced criminal defense attorney on your side.
If you have been charged with oral copulation by force or fear in Redlands, California or the surrounding area, contact the attorneys at Milligan Beswick Levine Knox today for a free, no-obligation consultation. Contact Us: Fax: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Oral Copulation – California Penal Code 288a
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Call Us Now Contact Us: Oral Copulation — California Penal Code a While oral copulation in itself is not illegal in California, there are several laws against oral copulation by force or fear. It may also apply to a person who is too intoxicated to consent, is unconscious or is legally unable to consent due to physical or mental disability or disorder. Examples of Illegal Oral Copulation There are several different scenarios in which a person may be charged with oral copulation by force or fear. Force Using force or fear means using violence, threats, intimidation, etc.
Fear There are many different ways in which fear may be used in the act of oral copulation. These may include: A direct threat or use of violence A threat of retaliation, such as threatening to kidnap the person or get them fired Using menacing statements For example: Geoffrey and Allison are coworkers. Consent In order for the act of oral copulation to be legal, both parties must willingly consent. Intoxication Intoxication falls under the umbrella of consent.
In order to be charged with copulation by force or fear when intoxication is a factor, two criteria must be proven: The alleged victim had consumed drugs, alcohol or some other intoxicating substance and could therefore not resist; and The alleged offender reasonably should have known they could not consent due to this. Age In the State of California, anyone under the age of 18 is unable to legally consent to any kind of sexual act, including oral copulation — even if said act is consensual.
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Unconsciousness or Trickery Similar to intoxication, a person may be found guilty of oral copulation by fear if: The alleged victim is unconscious at the time of the act, and They are unable to resist or consent due to their state. Classes resume Tuesday, November For more important dates, view the academic calendar.
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