Penal Code section 289 is a California state law that prohibits the act of surgically removing or altering the sexual organs of another person for non-medical purposes. This law was enacted to protect individuals from the harmful and unnecessary practice of female genital mutilation (FGM), which is a form of gender-based violence that is often motivated by cultural or religious beliefs.
Under Penal Code section 289, any person who knowingly performs, assists in, or transports another person to receive FGM can be charged with a felony punishable by imprisonment in the state prison for up to three years. In addition, anyone who allows FGM to be performed on their child can be charged with a felony punishable by up to eight years in prison.
FGM is a serious human rights violation that can have severe physical and psychological consequences for the victim. It is typically performed on young girls and is often done without the victim's consent. The procedure can cause significant pain and bleeding, and can lead to long-term health problems such as infections, infertility, and complications during childbirth.
Penal Code section 289 is an important law that helps to protect individuals from the harmful and unnecessary practice of FGM. It sends a strong message that this form of violence is not tolerated in California and helps to ensure that those who engage in this practice are held accountable for their actions.
However, the law alone is not enough to address the problem of FGM. It is important for community organizations, law enforcement agencies, and other stakeholders to work together to educate the public about the dangers of FGM and to provide support and resources to victims. By taking a comprehensive approach, we can help to protect individuals from this harmful and unnecessary practice and ensure that they are able to live healthy, dignified lives.
IPC 289 Section of Indian Penal Code
As used in this subdivision,? Experienced sex crimes defense attorneys have dealt with this California crime many times in the past—and will know the best legal defenses to deploy in your individual case. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act Part 1 commencing with Section 5000 of Division 5 of the Welfare and Institutions Code , the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. Bob has known Rachel for years and is aware of her limited capacities. Individuals may become intoxicated from alcohol, drugs, or other substances. Thus, he may be guilty of sexual penetration of an unconscious person. Any person who commits an act of sexual penetration, and the victim is at the time 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 or causing the act to be committed and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. If the person being penetrated is female, then sexual penetration can occur even if her actual vagina is not penetrated.
Prisoners cannot offer clear consent for sexual activity with these individuals. What are the penalties under 289 PC? Penalties PC 289 forcible acts of sexual penetration is a felony in California law. Therefore, it is against the law to engage in sex acts, even if the prisoner says they want to partake in such an action. Any person who commits an act of sexual penetration when 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, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act Part 1 commencing with Section 5000 of Division 5 of the Welfare and Institutions Code , the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. Reach out to a criminal defense lawyer in Los Angeles at the Simmrin Law Group. The severity of these charges can increase if the person was a minor at the time.
The defendant committed an act of sexual penetration with another person; 2. Also, he has committed the crime against both girls the one who was penetrated, and the one whom he forced to do the penetrating. According to PC 289. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act Part 1 commencing with Section 5000 of Division 5 of the Welfare and Institutions Code , the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. The perpetrator does not actually have to be a public official.
In many cases involving allegations of non-consensual sex, the defendant is accused of both PC 261 rape and PC 289 penetration by force or fear. We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. One of his clients is Rachel, a 25-year-old woman with the mental age of a 4-year-old. They may also use fear or threats to carry out this action, leading to criminal charges. Individuals could also face additional charges in this case, such as statutory rape.
In other words, the person must be able to understand and weigh the physical nature of the act, its moral character, and probable consequences. He watches and masturbates as she does so. Are there crimes similar to penetration with a foreign object? Individuals who touch their own genitals around a prisoner could also face PC 289. Penal Code 261 rape 32 In other words, the legal definition of rape is very close to the definition of forcible sexual penetration—except that with rape the key sexual act is intercourse. Forcible acts of sexual penetration with a foreign object are against the law in the state of Charges Concerning Forcible Acts of Sexual Penetration with a Foreign Object It is against the law to penetrate someone with a foreign object without their consent.
In many cases, this will not be possible. BurgieLaw will not be liable for direct or indirect losses, arising from any such injury, illness, damage, loss accident, or expense including consequential loss or economic loss however caused. Disclaimer: Although great efforts have been made to make sure the text on this page is accurate at the time of published, sometimes error could occur due to human errors. They beat him, and then Scott holds him down while Warren inserts a broom handle into his anus. Find out more with a free consultation. Call Call or text. A person faces a longer prison sentence for forcible penetration with a foreign object of a minor.
What is the definition of forcible sexual penetration with a foreign object? Reasonable belief in consent is thus one of the most powerful defenses to forcible sexual penetration charges. How can a person fight these charges in court? But the accuser may also be a parent, child, or friend of a former sexual partner, a business or romantic rival, or anyone else who may have a grudge against you. In order to give legal consent, a person must be able to exercise reasonable judgment. A criminal defense lawyer in Los Angeles can help you in this situation. If the victim is 14 years of age or older, then the punishment is six 6 , eight 8 , or ten 10 years in state prison. SB 59 Effective September 9, 2013.
An Unconscious Individual It is against the law to penetrate an unconscious person with a foreign object. See also Penal Code 672 PC. For a free legal consultation with a lawyer serving California, call Subsections of PC 289 Charges in California Individuals may face a PC 289 charge if they use force or fear. He overpowers her, removes her underwear, and penetrates her vagina with his finger. Additionally, individuals who are out on parole are still inmates for the purposes of a PC 289.
