A sex crime conviction brings with it the possibility of lifelong stigma and offender registration, as well as criminal penalties like fines and jail time. Oral copulation is one of many sex offenses included in California law, and it is defined as copulating, or engaging in sexual intercourse, the mouth of one person with the sexual organs of another person. Have you been charged with oral copulation in California? Let’s discuss what that means and how it might affect your future.

Oral Copulation in California

Again, sexual intercourse involving the mouth of one person and the sexual organs or anus of the other person is known as oral copulation. Oral sex is a more commonly used term for oral copulation. In certain situations, this can be considered a criminal offense under California Penal Code Section 287. There are certain elements that must be present in order for the act to be considered a crime, and they are as follows:

  • The act must have been nonconsensual
  • There must have been force, duress, or fear
  • There cannot have been a spousal relationship between the alleged offender and the victim

The prosecutor must prove these elements beyond a reasonable doubt in order for the court to convict you.

What is California Statute PC 287?

PC 287 is the Penal Code Section that discusses oral copulation, stating that the nonconsensual act of oral sex is a felony.

Consent

Lack of consent is a key factor in an oral copulation charge. From a legal standpoint, consent means that the other person must act voluntarily and freely, and they must understand what they are doing or agreeing to. In California, consent can also be withdrawn. So, even if consent was initially given, either person may change their mind, and continuing oral sex would qualify as illegal oral copulation.

If the alleged abuser and 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 that 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, you must have used force or fear, but what does that mean? California law states that the existence of any of the below could qualify as 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

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

It is not necessarily illegal to perform oral sex on or receive oral sex from an intoxicated person, but there are situations in which this could be considered 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 that they were too intoxicated to give consent, then you committed illegal oral copulation.

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

Oral Copulation of an Unconscious Person

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

  • 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 offense is a felony, the penalties can be severe. Among the possible penalties are up to eight years in prison and a fine of up to $10,000. If the victim was a minor when the act occurred, the punishment can increase to as many as 12 years in prison.

Legal Defenses to Oral Copulation Charges

In order to avoid potential prison time, hefty fines, and sex offender registration, you will need a solid defense against the charges. You and your defense attorney may be able to show that 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 defensive strategy.

Other possible defenses against an oral copulation charge include a lack of evidence and mistaken identity. If the prosecution’s evidence has inconsistencies or they lack sufficient evidence to prove their case, you may be able to challenge the allegations. Arguing that the alleged victim is mistaken about your identity is another possibility, although there may be evidence to the contrary. Again, your defense attorney is your best resource because they can help you examine the evidence against you to decide on a defense.

Hire a Sex Crimes Lawyer to Represent You

Knowing that oral copulation charges are severe and may lead to a lifetime of career, education, and other personal issues means you can make an informed decision about the importance of hiring a skilled defense attorney. The Law Office of Sheny Gutierrez has helped clients successfully navigate their criminal charges. Contact us at (714) 836-6000 for a free consultation and to learn more about how we can help you with your oral copulation charges.