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The Definition of Penetration with a Foreign Object
California Penal Code 289 prohibits unlawful sexual penetration using a foreign or unknown object. To better understand this law and how it is applied to criminal cases, it is important to understand how all its facets are defined.
According to California’s penal code:
“’Sexual penetration’ is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object.”
It goes on to clarify that a “foreign object” is defined as a “substance, instrument, or device” that can include any part of the body other than a sexual organ. An “unknown object” includes “any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body.” This means that essentially anything that can be put inside of another person can be considered a foreign object for the purposes of this law.
Potential Penalties if Convicted
If convicted, you may face very severe penalties, including up to nine years in prison (or more if convicted of multiple acts), registration as a sex offender, and a social stigma that will affect every facet of your life.
In order to convict, the prosecution must prove that you:
- Penetrated the victim’s vagina or anus, however slight
- Did so using a foreign or unknown object, such as a finger, sex toy, or other inanimate object
- Did so by use of force
Contact Us Today
A skilled Los Angeles penetration with a foreign object defense attorney at Lessem, Newstat & Tooson, LLP will work with you and the rest of our legal team to come up with a defense. We may be able to argue that the victim initially gave consent, their accusation is false, or that there is simply not enough evidence to convict. Whatever angle we come up with, we will do so based on your best interests.
Contact Lessem, Newstat & Tooson, LLP today to schedule your free consultatio
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