Sex Crimes

Rape and Spousal Rape are sexual acts accomplished without the consent or against the will of the victim. Any penetration, however slight, is rape.

Statutory Rape is a sexual act with a minor (person under 18).

Aggravated Sexual Assault is a sexual act with a person under 14.

Other sex crimes: sodomy, oral copulation, sexual penetration, bigamy, incest, child molestation, and rape in concert.

Defenses: Consent and marriage to the victim may be defenses some charges.

Punishment: Potentially significant jail time, fines, and registration as a sex offender. Depends on age of victim and nature of crime.

 

Rape – PC 261

An act of sexual intercourse accomplished under any of the following circumstances:

1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act;

2) Against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another;

3) Person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused;

4) Person is at the time unconscious of the nature of the act, and this is known to the accused;

5) Person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief;

6) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat;

7) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.

 

Statutory Rape – PC 261.5

(“Unlawful Sexual Intercourse”)

An act of sexual intercourse accomplished with a person under the age of 18.

  • It is a misdemeanor if the minor is less than three years younger.
  • It is a felony if the minor is more than three years younger.
  • 2, 3, or 4 years if you are over 21 and the minor is under 16*

*Consent of the minor is not a defense to statutory rape

 

Spousal Rape – PC 262

An act of sexual intercourse with your spouse, under any of the following circumstances:

1) Against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another;

2) Person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused;

3) Person is at the time unconscious of the nature of the act, and this is known to the accused;

4) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat;

5) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.

 

Aggravated Sexual Assault – PC 269

A person is guilty of aggravated sexual assault if:

  • Victim under 14
  • Perpetrator over 21
  • Perpetator commits:
    • Rape by force or threat
    • Sodomy
    • Oral copulation
    • Sexual penetration

Aggravated sexual assault is a felony with a punishment of 15 years to life in state prison.

 

Sodomy – PC 286

Any sexual penetration of the anus by another’s penis.

 

Oral Copulation – PC 288a

The act of copulating (sex) between a mouth and the sexual organ or anus of another.

 

Sexual Penetration – PC 289

Sexual penetration accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate unlawful bodily injury to the victim or another.

 

Bigamy – PC 281

Marriage of a married person to another person. The other person is also guilty of bigamy if they knew the person was already married.

 

Incest – PC 285

Fornication (sex) between two relatives is illegal and punishable by imprisonment.

“Relatives includes the following relationships:

  • Parent-child
  • Sibling-sibling
  • Uncle/aunt-niece nephew

 

Child Molestation – PC 288

Any lewd or lascivious act committed upon a child with the intent of arousing that person or the child under the age of 14.

 

Rape in Concert – PC 264.1

(“Gang Rape”)

An act of rape or sexual penetration committed “in concert,” (IE: with other people).

Acting “in concert” includes encouraging, assisting, or aiding in the rape or sexual penetration.

 

Sex Offender Registration

The following convictions require a person to register as a sex offender with local authorities within 5 days:

  • Contributing to dependency or delinquency of a minor
  • Public exposure
  • Soliciting other to commit sexual offense
  • Sexual penetration
  • Oral copulation
  • Incest
  • Aggravated sexual assault
  • Sexual acts involving a minor, including but not limited to:
    • Prostitution
    • Child molestation
    • Continuous sexual abuse of a child
    • Child pornography
    • Sexual intercourse
    • Sodomy
    • Sexual exploitation of a child
    • Exposing oneself to a child
    • Communicating or meeting with minor with intent to commit offense
  • Sexual acts committed using fear or fraud
  • Rape in concert
  • Spousal rape using force, duress, menace, or fear of bodily harm
  • Rape (there are 2 exceptions to registration requirement)
  • Sexual battery
  • Human trafficking
  •  Assault with attempt to commit rape, sodomy, oral copulation, rape in concert, child molestation, or sexual penetration
  • Kidnapping or kidnapping for ransom with intent to commit rape, sodomy, child molestation, oral copulation, or sexual penetration
  • Murder while committing sodomy, child molestation, oral copulation, or sexual penetration