Information on the crime of sexual penetration by object on person 14-17 years of age by force is found at California penal code § 289(c)(1)(C) PC. This overview covers the law, punishments, and common defense related to PC 289(c)(1)(C). For more information, visit sex crimes defense attorneys today for a free consultation.
PC 289(a)(1)(C) Law
Any person who commits an act of sexual penetration upon a minor who is 14 years of age or older, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of sexual penetration upon a minor 14-17 years of age by force (PC 289(a)(1)(C) Abbrev.).
Sexual Penetration Defined: “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object (PC 289(k)(1)).
Foreign Object Defined: “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ PC 289(k)(2)).
Unknown Object Defined: “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body (PC 289(k)(3)).
Duress Defined: Duress, as used in PC 289(a)(1)(C), means “a direct or implied threat of force, violence, danger, hardship, or retribution that is enough to cause a reasonable person of ordinary sensitivity to do something that he or she would not otherwise do. All the circumstances of the case must be considered, including the victim’s age, when considering whether the victim acted under duress in a sexual penetration of a minor under eighteen (18) charge (14-17). [Calcrim 1045].
Victim Defined: “Victim” includes any person who the defendant causes to penetrate the genital or anal opening of the defendant or another person or whose genital or anal opening is caused to be penetrated by the defendant or another person and who otherwise qualifies as a victim under the requirements of this section (PC 289(m)).
Example: Jamie, a sixteen (16) year old female, is raped by serial rapist. When Jamie is raped, she shuts her eyes and cannot be certain the serial rapist penetration her with his penis. The crime of rape requires vaginal penetration by a man’s penis. Therefore, to avoid dismissal of rape charges due to the victim’s uncertainty as to whether the serial rapist sexually penetrated her with his penis, the district attorney charges the serial rapist with the crime of sexual penetration of a minor under eighteen (18), or PC 289(a)(1)(C).
PC 289(a)(1)(C) Punishment
Prison Sentence: Sexual penetration upon a child 14-17 years of age is charged as a felony in California. If found guilty of PC 289(a)(1)(C), the defendant could face up to six (6), eight (8), or ten (10) years in a California state prison, depending on the facts and circumstances of the case.
Note: Whether the defendant is sentenced to 6, 8, or 10 years of prison after a sexual penetration against a child 14-17, depends on many factors, including the harm caused by the defendant to the victim, the relationship between the defendant and the victim, the defendant’s criminal history, the terms of any negotiated plea bargain agreement, and more.
Split Prison Sentence Forbidden: After a PC 289(a)(1)(C) conviction, the defendant must serve his or her prison sentence is a California state prison, as opposed to a local county jail. Additionally, no part of a prison sentence related to sexual penetration of a child 14-17 years of age may be neither be split (served partially out of prison on house arrest or work release), nor suspended (not served subject to certain conditions) [Penal Code 1170H].
Probation Not Allowed: A probation sentence is not allowed after a conviction for sexual penetration of a child under eighteen (18) years of age. This is true even if the district attorney and the defendant are otherwise amenable to a probation sentence.
Reduced Prison Credits: A prison sentence after a conviction for sexual penetration upon a child 14-17 years of age may only be reduced by up to fifteen percent (15%) even if the inmate serves his or her prison sentence with good behavior. This is known as the "reduced prison credits" law and it applies in most felony sex crimes, including PC 289(a)(1)(C) cases (PC 2933).
Three Strikes Law: PC 289(a)(1)(C) is classified as a "strike" offense per California's Three Strikes Sentencing Law. As such, the crime of sexual penetration upon a child 14-17 years of age is considered both a serious offense, and a violent offense, as those terms are defined in the California penal code under PC 1192.7 and 667.5, respectively. Conviction of "strike" offense, including PC 289(a)(1)(C) crimes, leads to harsher punishment and longer prison sentences for repeat felony offenders, including up to a life sentence for a conviction of a third "strike" offense.
Sex Offender Registration: Sex offender registration is mandatory after a conviction for PC 289(a)(1)(C). For more information, see Length of Sex Offender Registration for California Sex Crimes & Sex Offender Registration Requirements.
Parole after Prison: Inmates who are released on parole after a conviction for sexual penetration of a child under eighteen (18) may be sentenced to parole for twenty (20) years to life. Parole is not like probation. The goals of parole are to reintegrate a person into society after prison. Nevertheless, conditions of parole after a PC 289(a)(1)(C) conviction will include, but are not limited to, mandatory sex offender registration for life (Tier Three).
Immigration Consequences: Non-United States citizens who are convicted of PC 289(a)(1)(C) will be deported from the United States because sexual penetration of a child between 14 and 17 is considered a “deportation offense.” Also, for defendants who have been deported after a conviction of PC 289(a)(1)(C), reentry into the United States is denied. This means that after a conviction for PC 289(a)(1)(C), a non-US citizen will be deported from the United States after he or she serves his or her prison sentence.
Other Penalties: Addition direct and indirect penalties for PC 289(a)(1)(C) convictions included loss or denial of a professional license (doctor, attorney, therapist, teacher, nurse, etc.), discharge or denial of entry into the armed forces, court fines and fees, loss of firearm rights, civil lawsuits, restitution orders, criminal protective orders, long parole (up to life) and more.
PC 289(a)(1)(C) Defenses
Common defense against allegations of sexual penetration of a child under eighteen (18) years of age (14-17) include coerced confession, illegal search and seizure, reasonable mistake of fact as to age of the victim, insufficient evidence that sexual penetration occurred, false allegations, impeachment of witness or scientific evidence, Failure to “Mirandize” defendant, when necessary, statute of limitations (very limited), alibi defense, insanity, and more.
Consent Not a Defense: A minor cannot legally consent to sexual penetration; therefore, it is not a defense to prove that the minor wanted to engage in sexual penetration. However, it is defense to PC 289(a)(1)(C) is the defendant reasonably believed that the minor was of the age of consent (18 in California). What is “reasonable” belief that the child is of the age of consent is determined after examining the facts and circumstances of the case.
Example: Jamie meets John at a party. John is twenty (20) years old and Jamie is seventeen (17) years old, but she tells John she is eighteen (18) years old, and John honestly believes her based on her appearance and demeanor. Later, Jamie and John have sexual intercourse at the party. When law enforcement discovers that Jamie and John had sex John is charged with statutory rape (PC 261.5(c), and sexual penetration of a minor under eighteen (PC 289(a)(1)(C)).
Result: Because John truly and reasonably believed that Jamie was of the age of consent (18 in California), both PC 261.5(c) and PC 289(a)(1)(C) charges should be dismissed.
Alibi Defense: Sexual penetration of a minor aged 14/17 is sometimes alleged where the victim claims he or she “closed” his or her eyes during a rape or sodomy by force or fear. In cases where the defendant and the victim are unknown to each other, and the alleged victim claims that he or she closed his or her eyes during the sexual act, an alibi defense is not uncommon, unless the PC 289(a)(1)(C) charges are supported by scientific evidence, such as DNA, seminal fluid, etc.
For further information, see Common Defense Strategies in California Sex Crimes Cases.
Post-Conviction Options: After a conviction for penal code 289(a)(1)(C), the defendant may have several post convictions options, depending on the circumstances of the case, including withdrawing his or her “no contest” or guilty plea, appealing the criminal conviction, petitioning the California Governor for a pardon, petition the court for a Writ of Habeas Corpus, and more.
Note: Certificate of Rehabilitation and Expungement of PC 289(a)(1)(C) charges is not available (PC 4852 & 1203.4).
If you or a loved on is charged with sexual penetration of a child who is 14-17 years of age, or California penal code section 289(a)(1)(C), contact our sex crimes criminal defense attorneys today for a free consultation.
Our team of dedicated and highly experienced criminal defense attorneys have successfully represented hundreds of misdemeanor and felony sex crimes in the Inland Empire, including sexual penetration, sodomy, prostitution, child molestation, lewd act upon a child, oral copulation, engage in public lewd act, indecent exposure, sexual battery, rape by force or fear, "Peeping Tom" crimes, possession of child pornography, and more. Our award-winning attorneys are available every day of the week to discuss your case with you. Call today!
909-913-3138
Related Topics
