The term “oral copulation by force or fear” means the act of forcing a person to commit oral sexual contact against their will. You commit this crime if you use force, violence, duress, menace, or fear of immediate and unlawful bodily injury. If found guilty under California Penal Code 287(c)(2), you could serve many years in prison and be subject to sex offender registration.
Fighting your charge requires that you retain an experienced criminal attorney. At CCLG: Los Angeles Criminal Attorney, we have a deep understanding of this sex crime, the potential consequences you face, and the strategic defenses that can be mounted on your behalf.
What the Prosecution Must Prove for a PC 287 Conviction
When you are charged with a crime as serious as forcible oral copulation, you might feel that the justice system assumes you are guilty. However, the basis of American jurisprudence is the concept that you are innocent until proven guilty. This legal standard puts a heavy burden of proof squarely on the shoulders of the prosecution.
To convict you of violating Penal Code 287(c)(2), the District Attorney must prove each component, or “element,” of the crime beyond a reasonable doubt. If they cannot prove even one of these things, a jury must declare you not guilty.
Understanding these elements is the first step in understanding the case against you and how to combat it. The prosecution must prove the existence of a particular sexual act, prove the absolute lack of legal consent, and confirm that the act was achieved through specific means of coercion.
These elements of the crime include the following:
The Act of Oral Copulation
The prosecutor must show that the act of oral copulation actually happened. California law defines this act as any contact, however minimal, between the mouth of one person and the sexual organ or anus of another person. You need to realize that this definition is comprehensive.
The law does not mandate penetration for the act to be complete. A brief touch is enough to satisfy this legal element. Furthermore, the statute applies to a broad spectrum of contact, including contact between a mouth and a penis, a mouth and a vulva or vagina, or a mouth and an anus.
The law does not differentiate between the active and passive participants in the act. The essence of this element is just the physical contact as defined above. The prosecution will rely on the accuser’s testimony and possibly physical evidence, such as DNA, to prove that this contact occurred. The degree of the touch is not a factor that the court considers in determining whether the act occurred, so this element is often entirely dependent upon the credibility of the testimony.
The Absence of Legal Consent
The most crucial factor the prosecution must establish is that the act was done without the other person’s consent. This element distinguishes a legal, private act between adults from a serious felony. Under California law, consent must be free and voluntary, and the individual must know the nature of the act to which they consent.
Consent cannot be implied by circumstance or a previous relationship. The fact that you have dated, been married to, or had last consensual contact with the accuser is not proof of consent to the act. In the eyes of the law, every sexual act is an act that requires individual consent.
A prosecutor will attempt to establish a lack of consent by having the accuser testify to how they communicated their refusal, either verbally by saying “no” or “stop” or physically by resisting the act. Evidence of a struggle, such as injuries or torn clothing, can also be used.
However, the lack of such physical evidence does not imply that consent was given. This fear of physical resistance is a direct link to the next vital factor to be proven by the prosecution.
Defining Force, Violence, Duress, Menace, or Fear
The prosecution must prove that the act was non-consensual and that you accomplished it through specific coercive means. This is what makes the crime “forcible” oral copulation. The law has several methods: force, violence, duress, menace, or fear. You must know what each of these terms means in a legal context.
- “Force” means physical force that is substantially greater than that used to produce the sexual act itself; it is force used to overcome the will of another.
- “Violence” means the use of physical force that results in or is likely to result in bodily injury.
- “Duress” is a less obvious but equally effective form of coercion. A direct or indirect threat of force, danger, or retaliation causes a person to do something they would not have done otherwise.
- “Menace” is similar, defined as a threat, statement, or act that indicates a desire to injure someone.
- Perhaps the most commonly cited element is “fear.” To prove this element, the prosecution must prove that you caused the act by putting the alleged victim or another person in fear of illegal bodily injury. The fear must be real on the accuser’s part and reasonable under the circumstances.
This means a jury will also examine whether a reasonable person in the same situation would have been afraid. There is no need for physical injury to have happened to establish that you used fear. The risk of injury is enough. The prosecutor will construct his or her case based on the accuser’s account of what you said and did, and the general atmosphere to paint a picture that he or she was in reasonable fear for his or her safety and had no other option but to comply.
Penalties and Lifetime Implications of a Conviction
If the prosecution can prove all the elements of the crime, a conviction for forcible oral copulation under Penal Code 287 will forever and devastatingly change the course of your life. The effects are not ones you can bounce back from in a few years because they are lifelong and devastating.
This crime is always charged as a felony in California, and the penalties are meant to be harsh. You are not looking at a small legal problem, but at a future where your freedom, reputation, and ability to live an everyday life are all taken from you. The criminal punishments ordered by the court are only the start of a lifetime of struggles and stigma that will follow you long after you are released from jail.
For anyone charged with this offense, it is vital to have a clear and sober understanding of what is at stake. The consequences are not just limited to prison sentences and court fines, but also pervade every aspect of your personal and professional life.
State Penalties and Sentences in Prison
Forcible oral copulation is a serious crime in California, and if you are convicted of it, you will get a hefty sentence in California state prison. The law provides for a sentence of three, six, or eight years. The judge decides how long your sentence should be based on several factors, such as the specific facts of the case, the vulnerability of the victim, and your criminal history. Eight years in prison is a considerable loss of time, nearly a decade of your life spent behind bars, away from your family, your career, and your community.
In addition to jail time, the court can impose a hefty fine of up to $10,000. While this is a lot of money, it is nothing compared to the price of losing your freedom.
It should also be noted that probation is usually unavailable if the crime was committed by force or fear. The offense is grave in the eyes of the law, and the main penalty is intended to be punitive imprisonment, not community rehabilitation. The state’s goal is to punish, and the prison sentence indicates how seriously California takes this offense.
Mandatory Lifelong Sex Offender Registration
In addition to the prison sentence, one of the most punishing and life-altering effects of a conviction is the mandatory registration as a sex offender under California’s Megan’s Law. A conviction for forcible oral copulation under PC 287(c)(2) automatically puts you in Tier 3, the most serious of sex offenders. This is a lifetime mandate. For the rest of your life, you will be required to register with the chief of police in the city where you live, or the sheriff of the county if you live in an unincorporated area.
This registration must be renewed annually, within five working days of your birthday. In addition, you have to re-register each time you change your residence. Your personal information, including your name, address, and photograph, will be posted to a publicly accessible database on the Internet. Your neighbors, employers, and community members can know about your conviction.
Failure to meet these stringent registration requirements is a separate felony offense, which can lead to your being returned to prison. This lifelong shadow of registration impacts where you can live, how you are viewed by society, and the constant fear of being exposed to the public.
Collateral Consequences
The official consequences of prison and registration are devastating, but the collateral consequences of a felony sex crime conviction are equally destructive and can last a lifetime. Having a forcible oral copulation conviction on your permanent criminal record makes it impossible to overcome barriers in almost every aspect of your life.
- Finding a job becomes extremely challenging. Most employers will run background checks, and a conviction for a serious and violent sex crime will prevent you from being hired at most jobs. You could be prohibited from holding professional licenses, such as real estate, nursing, or law, thus ending your career. Another significant issue is the lack of safe and stable housing.
- Landlords are known to conduct background checks on prospective tenants routinely. They are often reluctant to rent to a registered sex offender, especially one who has been convicted of a violent crime. Your personal relationships will be put under enormous pressure. The social stigma of being a convicted sex offender is deep and can cause a person to become isolated from friends, family, and their community.
- You could lose custody of your children and have your parental rights revoked. This belief haunts you everywhere, forming an unbreakable obstacle to reconstructing a normal, productive life.
Building a Strategic Defense Against Forcible Oral Copulation Charges
To be accused of forcible oral copulation can be an impossible situation. The allegations are serious, the social judgment is immediate, and the state’s power is arrayed against you. However, an accusation is not a conviction. Strong and effective legal defenses can be employed to attack the evidence, question the accuser’s credibility, and defend your constitutional rights.
A skilled Los Angeles criminal defense attorney will not just take the prosecution’s word for it. Instead, they will conduct a thorough and independent investigation into every aspect of your case, searching for weaknesses, inconsistencies, and procedure violations. Building a strong defense requires a proactive and aggressive approach to tearing down the prosecutor’s arguments individually.
Your freedom and future depend on pursuing every possible avenue of defense to obtain a dismissal, an acquittal, or a reduction of the charges against you.
Arguing the Presence of Consent
One of the most direct defenses to a charge of forcible oral copulation is that the sexual act was, in fact, consensual. In many of these cases, there are no independent witnesses, and the event comes down to two conflicting stories: yours and the accuser’s. Your defense attorney can argue that you had a reasonable and genuine belief that the other person had consented to the act.
Consent can be a complex issue, and what one person feels is a consensual encounter, another may later regret and reframe as a non-consensual act. Your attorney’s job is to present evidence to support your belief in consent. This could include communications before and after the alleged incident, such as texts or emails indicating a friendly or romantic relationship. It could also be testimony about the accuser’s behavior during the encounter that was inconsistent with the lack of consent.
If your attorney can show a jury that you had an actual and reasonable belief that consent was given, it can negate the criminal intent needed for a conviction. The prosecution has the burden of proving beyond a reasonable doubt that you did not hold this belief, which can be a very high bar to clear in a “he said, she said” case.
Exposing False Accusations
While it is a hard reality to face, it is not uncommon for false accusations of sexual assault to occur. People can be motivated by various emotions, including anger, jealousy, or a desire for revenge, especially in a relationship that has gone badly. In some cases, a person who initially consented may experience feelings of regret or fear of being discovered by a spouse or partner and fabricate a story of being forced to protect themselves.
Your defense attorney must thoroughly investigate the possibility that you are the victim of a false accusation. This means a deep dive into the background and motivations of the accuser. Are there inconsistencies in their story told to the police, to friends, or in court? Is there a history of making false claims? Does the accuser have a financial or personal incentive to lie, such as in a bitter divorce or child custody case?
By finding evidence that casts doubt on the accuser’s credibility and reveals a motive for making the allegations, your attorney can generate a lot of doubt in the jury’s minds. A case based on a lie cannot withstand the scrutiny of a thorough defense investigation.
Challenging the Prosecution’s Evidence
The prosecution’s case against you is only as good as the evidence they present. A critical defense strategy is to question the adequacy and reliability of that evidence. As mentioned, the standard of proof in a criminal case is “beyond a reasonable doubt,” the highest level of evidence in the legal system.
Your attorney will carefully scrutinize all the evidence the prosecution presents for weaknesses. Often, in forcible oral copulation cases, there is little to no physical evidence, such as DNA or injuries, to corroborate the accuser’s story. The case may be almost entirely based on the accuser’s testimony. In these cases, your attorney may attack the credibility of such testimony by pointing out inconsistencies, lapses in memory, or statements that defy logic.
If physical evidence does exist, it can also be challenged. For example, forensic evidence may have been improperly collected or contaminated, rendering the evidence unreliable. By methodically poking holes in the prosecution’s evidence and narrative, your attorney can argue that the state has failed to meet its heavy burden of proof, leaving the jury with no choice but to find you not guilty.
Investigating Constitutional Rights Violations
The U.S. Constitution protects every person accused of a crime, and law enforcement must respect their rights throughout an investigation and arrest. If the police violate your constitutional rights, it can be a powerful tool in your defense. Your attorney will examine the behavior of the police at each step of their contact with you.
Did they make an illegal search of your home, car, or person without a warrant or probable cause? A judge can suppress any evidence discovered due to an unlawful search; the prosecution can’t use it against you at trial. This is known as the “exclusionary rule.” Similarly, were you properly read your Miranda rights before being subjected to a custodial interrogation?
If you were questioned in custody without being told of your right to remain silent and your right to an attorney, any confession or incriminating statements you made could be ruled inadmissible. A successful motion to suppress key evidence can fatally weaken the prosecution’s case, sometimes forcing them to drop the charges against you entirely.
Frequently Asked Questions (FAQ)
What do I do right now? Should I be charged with the infraction of Penal Code 287?
The most significant initial action is to use your right to keep quiet and call a professional criminal defense attorney as soon as possible. Never talk to the police or even make any efforts to get in touch with your accuser, since whatever you utter can be misunderstood and used against you. A lawyer will defend you, ensure you do not make incriminating claims, and start creating a defense plan immediately.
What are the things that the prosecution must establish to be convicted?
The prosecution has to demonstrate three material factors beyond a reasonable doubt to achieve the conviction of oral copulation by force or fear:
- The fact that oral copulation took place, which is any form of contact between the mouth of one individual and the sexual organ or anus of the other.
- The act was not in the will of the alleged victim, meaning they did not consent.
- This was done by means of force, violence, duress, threat, or fear of immediate and unlawful bodily harm.
You cannot be guilty when the prosecution cannot prove at least one of these elements.
What if it were a consensual affair?
In the case of consensual intercourse between adults, it is not a crime. The first defense mechanism is to state that you had a reasonable and good-faith belief that the other party agreed with the act. This claim can be supported by evidence in the form of text messages, emails, or even witness testimony of the accuser’s behavior. It should be mentioned, though, that an individual is not legally able to give consent when he is a minor, unconscious, or incapacitated.
What are the long-term effects of a conviction?
Forcible oral copulation is a grave felony that has both severe and lifelong effects on a conviction. They consist of three, six, or eight years in a state prison and fines of up to $10000. More importantly, conviction also requires lifetime registration as a Tier 3 sex offender, the most severe one. It is a public registration that can provide a substantial obstacle to getting a job and a place to live, as well as an irreparable long-term harm to your personal relations and reputation.
Find a Los Angeles Sex Crimes Defense Attorney Near Me
A case of oral copulation through force or fear, as per Penal Code 287, is a historic case of legal crisis. These are devastating and life-altering consequences of conviction, such as a long jail term and obligatory lifelong sex offender registration. The state will turn all its resources against you, and experienced legal counsel will not be a recommendation only, but a necessity. You are risking your freedom, reputation, and future.
It is a dangerous risk to go through these grave charges alone. A skilled criminal defense lawyer is your necessary armor, defending your constitutional rights and questioning the case’s evidence against you every step of the way. Do not wait until the situation has become worse. When you are under investigation or arrested due to violating PC 287, the most important thing you can do is have a confidential case review by a reputable law firm. The most important thing is to take action now to protect your future.
If you have been arrested or are under investigation for violating Penal Code 287, CCLG: Los Angeles Criminal Attorney can protect your rights. Contact us today for a confidential case evaluation at 323-922-3418.
