What is Involved With a Charge of Sexual Penetration With a Foreign Object?
Did the Penetration Occur With Consent?
One of the first factors to consider is whether or not the activity was consensual. It’s not uncommon for adults to make use of objects as part of their intimate play. If the receiving partner did provide consent for the use of a foreign object, and did not withdraw that consent at some point during the activity, there are grounds to file charges.
What Does the Law Recognize as Penetration?
The legal definition of sexual penetration involves the use of any means to stimulate the intimate areas of the body and insert something into an orifice. There is more than one area that may be the site of the insertion. For example, the activity could involve inserting something into the mouth, the vagina, or the anus with the intent to commit abuse that is sexual in nature.
Is There a Legal Definition of a Foreign Object?
The court does recognize a legal definition for foreign objects involved in forcible penetration. That definition is far-reaching and can include any type of object that can be fitted into the orifice. Everyday objects like flatware could, under the right circumstances, meet this definition. Adult toys that are used without the consent of the receiving partner also fit this definition. The use of medical instruments, sports equipment like baseball bats and pool cues, or any other object that is sturdy enough for insertion will meet this legal definition.
What Constitutes Force?
When the victim has specifically denied permission for the penetration, that is considered force. While this particular approach to force is usually recognized by many people, there are other forms of force that may apply. For example, restraining the individual without permission and then inserting an object would be grounds for filing charges.
Intimidation in some manner is also grounds for filing charges. For example, if an individual threatened the victim with bodily harm in order to gain consent, the act is considered criminal. Abusing a position of authority in order to coerce the individual to submit to the activity is also considered a forcible act.
When the individual is not in a position to provide consent, that is also considered a forcible act. This means if the victim is unconscious at the time the activity took place, the action is of a criminal nature. Individuals who are mentally impaired and not capable of providing permission are also considered victims.
What are the Possible Outcomes of Conviction?
Being convicted of forcible acts of sexual penetration carry punishments that are similar to those of other sex related crimes. There is a high potential of serving time in a correctional facility. The individual will likely be on probation for a period of time after the release. The necessity of registering as a sex offender is also part of the outcome of being convicted of this type of crime. As a result, it may be difficult to purchase a home in certain areas, find work in certain fields, or even rent an apartment. The impact of conviction will change the life of the individual from now on.
If you are facing a charge of committing a forcible act of sexual penetration with a foreign object, now is the time to seek legal counsel. An attorney will know what questions to ask and how to go about finding evidence that has some bearing on the case. Making sure that all relevant information is presented to the court increases the odds of achieving the best possible outcome.