Hmmm, I feel somewhat naked without the cage too, so this is what I wrote over there:

Quote:

I don't know what "SEXUAL PENETRATION WITH FOREIGN OBJECT BY FORCE" means - it could be anything (such as inserting a dildo). May not even mean non-consensual.




About five minutes on Lex/Nex.

289(a) is a prior code. That doesn't mean it was simply repealed, but repealed and replaced. In lieu of 289(a), offenders are now charged with 289(a)(1), which reads:

Quote:

Any person who commits an act of sexual penetration when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.




This is one of what prosecutors give the in-house term "stackers." It's usually charged in conjunction with another offence which may not itself be considered a sex crime (kidnapping is most common); thus that charge wouldn't show up in the RSO database.

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