Recently, Oklahoma was in the news when a prosecutor made the ruling that forced oral sex is not rape if the victim is intoxicated and unconscious. The ruling came from a case involving an assault on a 16-year-old girl by a 17-year-old boy. The girl was highly intoxicated and the boy volunteered to drive her home, when the boy apparently engaged in oral sex with the girl. After being accused, he admitted that consensual sex happened but it was determined she was too intoxicated to make this decision. Initially, the boy was charged with rape and forcible oral sodomy; however, these charges were later dropped.

Fortunately, in California there are many laws that speak out against forced oral sex on a partner who did not consent. In California, the sex crime of “oral copulation by force or fear” is defined by making any contact between the mouth of one partner and the sexual organ or anus of another without the person’s consent. This happens through the use of force, violence, duress, or menace. In some cases, it is also used to retaliate against someone and this is also illegal. This means that a person can face charges if they committed the crime against somebody who was too intoxicated to resist, too unconscious, or could not legally consent because of a mental disorder or physical disability.

To make it easier, we have some examples that warrant forced oral sex. You may receive charges if you are a man who threatens to shoot someone if they do not perform oral sex on you. Another example is when a woman performs oral sex on a man who is drunk and passed out at a party. Oral copulation is a felony in California law. In most cases, it will carry a California prison sentence of three, six, or eight years in prison and up to $10,000. However, there is another harsh penalty you may face: It will subject you to a lifelong sex offender registration requirement. This means that you must register as a sex offender on a database that anybody can access every year for the rest of your life because of a crime you committed.

Defenses

Luckily for you, if you have been falsely accused of the crime, there are many actions you can take to defend yourself. Your defense lawyer can help you try to beat these charges in multiple ways. For instance, you may have been falsely accused of the fact even though it didn’t happen, or the victim actually consented to the act and is using it against you. In other cases, there may be insufficient evidence.

What Warrants Consent?

Lack of consent is one of the key elements of forced oral sex in California. To give consent, a person must act freely and voluntarily, and understand the nature of the act. Even if a person consents to oral sex, that consent can still be withdrawn. This means, if the person continues the act even though somebody has changed their mind about oral sex, they could be found guilty of oral copulation by force. Especially in cases where somebody has used enough force to overpower another person, they will be found guilty.

Have you been accused of forced oral sex and wish to speak to an attorney about your rights? There may be an assortment of defenses that you can use in your case depending on the circumstances surrounding the case. Call The Law Office of Peter Blair today to talk to an attorney who cares about your case and wants to help you.