In California, it is a serious criminal offense to forcibly penetrate another person with a foreign object without consent – including with a finger. Under California Penal Code 289 (PC 289), nonconsensual digital penetration can be charged as a felony offense with a maximum penalty of up to eight years in state prison.
At the Law Office of David Lehr, our California digital penetration attorney is an aggressive, reliable advocate for defendants. If you or your loved one is facing sexual assault charges on the grounds of digital penetration, we are here to help. Call our Ventura law office today to arrange a free, fully confidential initial legal consultation.
Why do I need a Digital Penetration Lawyer in California?
Like many sex crimes, digital penetration is frequently prosecuted unfairly, often as a result of false accusations made by someone who knows the defendant.
If this occurs to you or a loved one, we advise hiring our digital penetration attorney at David Lehr Law. We can assist you in better understanding the law and in using our best legal defenses to refute the allegations. We can help you work out a deal with the prosecutor for lowered penalties or even case dismissal. Through immediate prefiling intervention, it might also be possible to persuade the prosecutor to forego filing formal charges in front of the court.
If you or a loved one faces a sex crime charge due to digital penetration, we are here to help protect your rights. David Lehr Law has the skill and experience to help you navigate your case and explore your legal options. Give us a call now!
What is Digital Penetration?
Digital penetration is a sexual act involving the insertion of one or more fingers into the vagina or anus. It is not necessary for this actual digital penetration to last for a long time or to be significant. Any digital penetration, regardless of how brief or slight is sufficient.
What Constitutes a Forcible Digital Penetration?
According to California state laws, elements of forcible penetration are
- You engaged in sexual penetration with another person
- You achieved penetration using your fingers
- You did not have the person’s consent
- You committed the act using violence, the threat of violence, menace, or threats of present or future harm.
- You commit the act for sexual gratification or sexual abuse
Depending on the circumstance, aside from felony charges, the perpetrator of digital penetration may also be charged with:
- Committing sexual penetration on a person who lacks the capacity to give their consent legally due to a mental illness, a developmental disability, or a physical impairment;
- Committing sexual penetration on someone who is unaware of what is being done, or
- Committing sexual penetration on a drunk person who is unable to defend themselves.
If you have been charged with a sex crime based on digital penetration, reach out immediately to a digital penetration attorney in Ventura CA to ensure that your legal rights are protected.
Liability in a Digital Penetration Lawsuit
In cases of digital penetration sexual assault, the perpetrator is frequently the only person accountable for the crime. However, those who failed to take reasonable steps to safeguard the victim from the foreseeably dangerous threat of sexual assault may also be held accountable by sexual assault victims. Employers, landlords, foster home placement agencies, hospitals (medical malpractice), schools, and universities may also be held liable for their negligence in creating and fostering the conditions that led to a sexual assault.
Suppose you have been accused of sexual assault by digital penetration or have been charged with enabling the assault to happen. In that case, our Ventura digital penetration lawyer will ensure that strong legal representation is on your side.
Digital Penetration Penalties
Digital Penetration which falls under the Forcible Sexual Penetration with a Foreign Object umbrella of the Penal Code 289 is a felony case in California. Potential sanctions that may be imposed include
- Felony probation or formal probation – only applicable in sexual penetration of disabled person cases and not in penetration by force or fear, or of an unconscious or intoxicated person claims
- Three, six, or eight years in California state prison; and/or
- A fine of up to ten thousand dollars ($10,000)
If any of the additional elements listed below are present, Penal Code 289 PC maximum eight-year sentence for forcible sexual penetration with a foreign object is increased to
- Penal Code 289(a)(1)(B) – stipulates that up to twelve years in prison may be imposed if the victim is below 14 years old
- Penal Code 289(a)(1) – states that up to ten years in prison may be imposed if the victim is a minor who is fourteen years old or older
A conviction of forcible sexual penetration with a foreign object will subject the perpetrator to California’s tier-three offender requirement for lifelong sex offender registration. Tier-three offenders must register with the state at least once a year for the rest of their life, else, they will be subject to additional felony charges for failing to register as sex offenders.
Common Defenses For Digital Penetration Charges
Such lengthy prison sentences, not to mention the fact that a person’s reputation and career could also be at risk, call for the aggressive representation of experienced digital penetration attorneys.
The reality is that not all sexual assault charges are legitimate. If you are facing false charges of digital penetration, you have every right to raise a strong legal defense to clear your name. Some defenses against digital penetration sexual assault charges include:
- Reasonable belief that the victim consented
- The victim actually gave their consent
- There was no sexual penetration
- The allegation is false
- The statute of limitations has passed
- No sufficient evidence
- Coerced Confessions
When the alleged victim and the alleged perpetrator give conflicting accounts, it can be challenging for prosecutors to establish these charges in forcible penetration with a foreign object case.
These factual issues are frequently brought up in sexual assault accusations, and any one of them could render the case null and void. Seeking legal advice from a digital penetration attorney in Ventura CA can help you build a strong defense that can help you win your case.
Digital Penetration Statute of Limitations
In California, adult victims of any sexual abuse like digital penetration have ten years to file a claim. Victims have three years from the date of discovery to file a personal injury claim if the incident led to a severe illness or injury. Children who have been sexually abused as children are not covered by the same statute of limitations.
The rights of victims of childhood sexual abuse have been significantly increased by California Assembly Bill 218 which was signed into law in 2019. This new law gives victims of child sexual abuse the right to pursue legal action against their abusers even decades after the incident or incidents. Up until the age of 40, victims of childhood sexual abuse may file a civil lawsuit against the perpetrator. This is extended to five years from the date of discovery in cases where memories are suppressed.
Additionally, California Assembly Bill 218 established a three-year revival window that permits adults who were previously barred by the statute of limitations to sue their abusers.
What Should I Do If I Have Been Charged With Digital Penetration?
If you have been accused of a digital penetration offense, including the digital penetration of a minor, you must immediately consult with a digital penetration attorney in Ventura CA. You will be able to clearly understand your rights and what actions may jeopardize your defense against allegations of digital penetration from this point forward.
Our digital penetration defense attorneys at David Lehr Law are well-versed in the various defense strategies applicable to allegations of serious sexual offenses, such as digital penetration and digital penetration of a minor. As a result, we are in an ideal position to collaborate with you to develop a strong defense against the accusations right away.
Call our Experienced Digital Penetration Attorney in Ventura CA Now!
It can be detrimental to be accused of a sex crime like forced digital penetration. Long after the offense’s sentence has been served, these charges and convictions may have lifetime repercussions. Being listed as a sex offender restricts your options for employment and even where you can live. It is therefore in your best interests to defend yourself against these accusations in court with the help of a digital penetration attorney in Ventura CA.
At David Lehr Law, we provide strong legal representation to individuals facing felony sex crime charges, including digital penetration charges under PC 289, oral copulation, rape, sexual battery, sexual abuse with a child, and more. We serve clients throughout Ventura County, including in Ventura, Simi Valley, Oxnard, Camarillo, and Thousand Oaks.
Please know that no attorney can guarantee a specific outcome in your criminal case, but you can be assured that we will work our best for favorable results. You’ll receive advice on what the offense entails and the most effective tactics based on the specifics of the offense.
If you are accused of forcible sexual penetration in Ventura CA, call our digital penetration attorney now!