The California sex crime of “oral copulation by force or fear” is defined in California Penal Code 288a. This crime is charged more than people might think in Los Angeles County.
People forcing other people to orally copulate them and then the prosecutors come in and charge this particular crime against the perpetrator and they end up trying to send the perpetrator to prison.
If you are forcing someone to orally copulate you, usually this crime is just about as serious as a rape charge. Anytime there's force used, you've got a victim who's injured in any way, then you can bet the prosecutors will be seeking a prison sentence.
Defense Argument of Consensual Sex
The only way to get a probation sentence is if you can show the prosecutors and the judge that there's some sort of unusual circumstances attached to the oral copulation.
For example, maybe there's an argument that it was consensual and not forced but the person is under the age of 18. On the one hand it would be good because the victim was not forced to do anything, but on the other hand, the prosecutors are going to take into account that the victim is under the age of 18.
Another thing that's helpful in these cases to get a better result when it comes to oral copulation is if the two parties involved are close in age and it's consensual.
For example, for 17 and 18 year olds, that 18-year-old technically can be charged with oral copulation with a minor, however, it's not as bad as a situation where the victim is 17 and the perpetrator is more than 10 years older.
Then there's an extra enhancement that can be charged against the particular perpetrator.
State Prison Time and Sex Offender Registration
So, if you or a loved one is charged with forced oral copulation, you will need a good attorney to try to defend them. Either a full defense where we're arguing that either you're not the person that committed the oral copulation crime.
Also, in a situation where we're indicating that it wasn't forced and maybe the alleged victim was intoxicated and can't exactly remember what happened and just assumes that there was force there.
It really depends on the facts and circumstance surrounding the case when it comes to these serious sex crimes because if you get convicted of forced oral copulation in addition to likely being sent to prison for a period of time, the defendant is going to have to register as a sex offender typically for the rest of their life.
That means pursuant to Penal Code 290 PC, every time there birthday comes around within five days of that birthday they have to let the police know where they're living, go to the police station and let them know, and a lot of times the police have a lot of questions, make them fill out a form.
Prohibited From Owing a Computer or Internet Access
So, these forced oral copulation charges come with a bunch of consequences. In addition to the registration and the likely prison, there are other punishments the judge can impose depending on what the circumstances were.
For example, let's say that the alleged victim in the case was found on the internet and then was lured into a certain location and they were forced to orally copulate the defendant.
Then the judge will likely order that the defendant is not allowed to own, use or possess a computer and can't go on the internet anymore because the argument is going to be that that's how they're accessing their victims as it relates to oral copulation charges.
So, if you or a loved one needs help, pick up the phone. Make the call to the Hedding Law Firm at (213) 542-0979 . Ask to speak to Ron Hedding. I've been doing this for over 26 years, handled thousands of cases. I stand at the ready to help you.