What is Oral Copulation?

A sex crime conviction brings with it lifelong stigma and offender registration, as well as criminal penalties like fines and jail time. So, what is oral copulation? Oral copulation is one of many sex offenses in California law, and understanding the legal implications is crucial if you’re facing such charges. Have you been accused of oral copulation in California? Let’s talk about what that means and how it affects you.

Oral Copulation in California Law

Oral copulation is contact between one person’s mouth and another person’s sexual organs or anus. In legal terms, that means one person’s mouth made contact with another person’s sexual organ or anus. Oral sex is not inherently illegal between consenting adults. In fact, it’s legal between consenting adults in private. But under California Penal Code 287, it’s a crime when certain elements are present. Most states have similar laws for oral copulation but may differ in age restrictions, definitions or legal defenses.

There are specific circumstances that must exist for the act to be a crime and they are:

• The act was nonconsensual and involved another person
• There was force, duress or fear
• The alleged victim (the other person) was unable to consent due to incapacity

The law looks at the other person’s intentions and awareness of consent. The prosecutor must prove these elements beyond a reasonable doubt to convict you.

What Makes Oral Copulation Illegal?

PC 287 is the Penal Code Section that covers oral copulation and says the nonconsensual act of sexual contact involving oral sex is a felony. Consensual oral copulation is not a crime but the circumstances that make this act illegal are more complex than you think especially when considering the victim’s inability to consent due to their state.

Consent

Lack of consent is a key factor in an oral copulation charge. From a legal standpoint, consent means the other person acted voluntarily and freely and they must have understood what they were doing or agreeing to. In California, consent can also be withdrawn. So even if consent was given initially, either person can change their mind and continuing oral copulation would be illegal.Under California law, a person under a certain age cannot legally consent to oral copulation and the ages of the parties involved can impact the charges and penalties.

If you and the alleged victim were dating, had dated in the past, were married or had been married in the past, that alone does not constitute consent to oral copulation. However, if you actually and reasonably believed the other person had given consent, then you may be able to beat the charges against you.

By Force or Fear

To be convicted of oral copulation, the prosecution must prove you used force or fear but what does that mean? California law says any of the below can be force or fear:

• Using physical force to overcome the other person
• Using any type of violence
• Using direct or implied threats of violence, hardship or retribution
• Making a statement or performing an act that shows an intent to hurt the other person
• Making threats of retaliation such as kidnapping or inflicting serious bodily injury
• Using threats to inflict extreme pain on the victim can also be force or fear.

Additionally, if there’s a reasonable possibility of future harm or retaliation against the victim, this could be crucial for the prosecution to meet the legal threshold for force or fear.

Is it Illegal to Have Oral Sex with an Intoxicated Person?

It’s not necessarily illegal to have oral sex with or receive oral sex from an intoxicated person but there are situations in which this could be a crime in California. If the other person was unable to resist because they were too intoxicated and you were aware or should’ve known they were too intoxicated to give consent, then you committed illegal oral copulation.

Scenarios involving intoxication are tricky because of the nuances and gray areas especially if both parties were drinking or using drugs at the time. Consider talking to a sex crime defense attorney to determine what your legal options and defense strategy could be.

Oral Sex in Public

Having oral copulation in public is illegal in California. The involved parties could be charged with a misdemeanor for this act which can add to the primary charges.

Oral Copulation of an Unconscious Person

Oral sex with an unconscious person is illegal in California if the conscious person knew the other person could not resist the act because they were unconscious. For the purposes of this law, unconscious means:

• Asleep
• Unaware the sexual act is happening* Unaware of the characteristics of the sexual act because they were lied to or tricked
• Actually unconscious

Penalties

Because this is a felony, the penalties can be severe. Among the possible penalties are up to 8 years in prison and a fine of up to $10,000. A conviction can result in a prison sentence in state prison or county jail depending on the circumstances of the case. The judge determines the length and type of sentence based on the facts presented in court. If the victim was a minor when the act occurred, the punishment can be as many as 12 years in prison. Additionally, conviction requires mandatory sex offender registration which can have long lasting impacts on your employment, housing and personal relationships.

Mental Health Considerations in Oral Copulation Cases

Mental health plays a big role in oral copulation cases often adding layers of complexity to issues of consent, memory and the reliability of testimony. When someone is facing oral copulation charges, the mental health of both the accused and the alleged victim can impact the legal process and the outcome of the case.

Under California law, oral copulation is only a sex crime when it involves force or fear or when the alleged victim is unable to legally consent due to a mental disorder or physical disability. In these situations, the prosecution must prove beyond a reasonable doubt that the accused either knew or should have known the other person was incapable of giving consent. This means even if the accused had a reasonable belief that consent was given, it may not be a valid defense if the victim’s mental health condition made them unable to understand or agree to the sexual act.

Mental disorders can affect a person’s ability to recall events accurately or to communicate clearly about what happened. This can lead to challenges in both prosecution and defense as the reliability of statements and the presence of consent may be questioned. In some cases, the alleged victim’s mental health may make them more vulnerable to coercion or manipulation increasing the risk of serious bodily injury or unlawful bodily injury during the act of oral copulation.

False accusations and mistaken identity are also concerns in oral copulation cases involving mental health issues. A person with a mental disorder may unintentionally misidentify the accused or misinterpret the circumstances of the sexual act. For those who are falsely accused, a strong legal defense is crucial to challenge insufficient evidence and protect against severe penalties including lengthy prison sentences and mandatory sex offender registration.Given the high stakes and the potential for great pain—physical and emotional—involved in these cases, it’s important to work with a criminal defense attorney who understands the intricacies of mental health in sex crimes. An experienced attorney can help investigate the specific facts, identify possible legal defenses and make sure the rights of the accused are protected throughout the process.

If you or someone you know is facing oral copulation charges where mental health is an issue, seeking a free consultation with a knowledgeable criminal defense attorney is the first step. With the right legal defense it’s possible to address the mental health issues, challenge the prosecution’s case and work towards the best possible outcome under California Penal Code.

Legal Defenses to Oral Copulation Charges

To avoid prison time, large fines and sex offender registration a defendant will need a good defense. If you’re facing oral copulation charges you need to seek legal counsel immediately. You and your defense attorney may be able to show the alleged victim did, in fact, give consent to the oral copulation. Oral sex is not illegal if both parties give their consent so this can be a strong defense.

Other possible defenses to an oral copulation charge include challenging the credibility of the alleged victim, lack of evidence and mistaken identity. In most cases showing consent or lack of evidence will result in a good outcome. If the prosecution’s evidence has inconsistencies or they don’t have enough evidence to prove their case you may be able to challenge the allegations. Arguing the alleged victim is mistaken about your identity is another possibility although there may be evidence to the contrary.

Your defense strategy may also involve showing you had a reasonable belief in consent or the allegations are entirely false. Each case is unique and requires a customized approach and your defense attorney is your best resource because they can help you go over the evidence against you to decide on the best defense.

Related Charges You May Face

Oral copulation charges can be related to other criminal offenses including those you may face such as sexual battery, rape or lewd acts with a minor. The charges and penalties can increase significantly with the addition of these related charges. Understanding these complications is key to developing a good legal strategy.

Hire a Sex Crimes Lawyer

Since oral copulation charges are serious and can impact your career, education and personal life you can decide now to hire a good defense attorney to defend you. Sex crime law is complex and requires experienced legal representation. The Law Office of Sheny Gutierrez has helped clients successfully navigate their criminal charges. Contact us at (714) 942-4036 for a free consultation and to learn more about how we can help you with your oral copulation charges.