Under California state law (California Penal Code 286), sodomy is defined as contact between the penis of one person and the anus of another person. It is a criminal offense if it occurs without consent—either because consent was not provided or could not have been provided due to age or level of intoxication.
At Strongest Defense, our California sexual crimes defense team handles the full range of sexual assault charges including sodomy charges under PC 286. If you or your loved one was accused of or arrested for sodomy, we are more than ready to help. Call our Ventura law office today for a free, strictly confidential initial legal consultation.
In California, sodomy charges typically call under PC 286. Here is an overview of the some of the most important things that you should know about California’s forcible sodomy laws:
- Anal copulation is legal in California—but a person can be charged with a sodomy crime if they force someone into the act against their will or the victim cannot consent due to their age.
- Any nonconsenual anal penetration, no matter how slight, could constitute sodomy for the purposes of California PC 286.
- If committed by force, sodomy can be charged as a felony criminal offense subject to a maximum penalty of eight years in state prison.
- If the victim is under age, sodomy may be charged as a statutory rape offense. The penalties will depend on the age of parties and the specific allegations.
- A conviction of sodomy under California Penal Code 286 may require mandatory registration as a sexual offender.
Forcible sodomy is a serious form of sexual assault in California. If you were arrested and charged with a sodomy offense under PC 286, you are facing major penalties, including the loss of reputation and your freedom. Do not go up against aggressive state prosecutors alone. As an experienced Ventura County sex crimes defense lawyer, David Lehr is standing by, ready to protect your legal rights.
Sadly, false allegations of sexual misconduct, including sodomy, are sometimes raised against innocent people. You have every right to raise a strong legal and comprehensive defense against a sodomy charge. Some notable defenses against this charge include:
- Consent: Sodomy is not illegal if consent was given. You can defend this charge on the grounds that you received valid legal consent.
- No Penetration: California PC 286 requires at least slight penetration. Without penetration, no sodomy occurred under the law.
- Actual Innocence: False allegations of sodomy are sometimes brought against innocent people. You can defend a charge on the grounds of actual innocence, including mistaken identity and fraudulent allegations.
If you or a loved one is facing a sodomy charge in Southern California, we are more than ready to listen to your story, answer your questions, and develop a defense strategy. Call us now for a free consultation.
If you have been charged with
sexual assault due to sodomy, call 805-477-0070 now.
We provide free, completely private case evaluations.
At Strongest Defense, our California sex crimes defense lawyer provides legal representation to individuals facing felony charges, including sodomy charges. With an office in Ventura, we represent clients throughout all of Ventura County, including in Oxnard, Simi Valley, Camarillo, and Thousand Oaks. Give us a call today for your free, no commitment consultation. This site has been provided for informational purposes and does not establish an attorney/client relationship.
