Oral Copulation by Force

Under current California law, particularly Penal Code 311 PC, the crime is committed when one person undertakes the use of force or threats to accomplish oral copulation with another person.

This is considered as a serious offense and for the first offense, the mandatory penalty is incarceration in a state prison facility for a maximum of eight (8) years. If the accused committed the same crime or had committed other sex crimes previously, under the California Three Strikes Law, the imposable jail time could be life imprisonment.

Under existing procedural rules, the following are the elements of the crime of oral copulation by force:

• The defendant committed the act of oral copulation with another person;
• The other person did not consent to the act of oral copulation;
• The act was committed through the use of force, violence, duress, menace or fear of immediate and unlawful bodily injury, future threats of bodily harm and/or threats of official action.

The act need not be fully consummated as it is completed by the slightest contact between the mouth of the victim and the sexual organ or anus of the accused. What is key is the absence of consent, which is defined as free and voluntarily agreement to the act with full knowledge of the nature of the act.

When facing a charge of oral copulation by force, it would be best to be properly guided of your rights under the law. Do reach out to the law firm of Ramiro Lluis for a free consultation today.