Being charged with oral copulation by force/fear is devastating. A conviction carries adverse penalties, including paying fines, serving time, and compulsory sex offender registration. It is not surprising that the allegation can ruin reputation and family relationships and result in job termination. In Santa Ana, a registered sex offender cannot reside in neighborhoods near playgrounds or schools.

If arrested for violating PC 287, time is of the essence. At California Criminal Lawyer Group, our knowledgeable legal team can act proactively to ensure your rights are protected. We can also conduct thorough investigations into your case to uncover any proof to build your defense.

Defining Oral Copulation

PC 287 makes it unlawful for an individual to fearfully or forcefully cause somebody else’s mouth to come into contact with the accused’s genitals or anus. The defendant can also violate this statute when they fearfully or forcefully cause contact between their mouth with a victim’s genitals or anus.

Before convicting you, the prosecutor ought to verify the following facts of the crime:

  • Your mouth contacted the alleged victim’s anus or sexual organ
  • Without the alleged victim’s consent
  • You achieved the conduct through menace, violence, duress, force, fear of illegal bodily injuries to another person, or threats to strike back against a person

Moreover, a defendant could be charged with PC 287 for:

  • Oral copulation with an individual that is too drunk to resist
  • Oral copulation with an individual who cannot consent due to physical or developmental disability or mental disorder
  • Oral copulation with an unconscious individual who does not understand the conduct’s nature

Some of the instances that result in California PC 287 charges include:

  • A man kissing the breast of an intoxicated woman who passed out at a party
  • A woman threatening to injure another woman unless that woman engages in oral sex with her
  • A woman threatens to abduct a man’s daughter unless they engage in oral sex

Oral Copulation Act

Please note that even slight contact counts as oral copulation. You can also face oral copulation charges even if there was no penetration.

The legal phrase sexual organ, as far as a man is concerned, means the scrotum and penis.

Absence of Consent

Before consenting to the sexual behavior, an individual should:

  • act voluntarily, and
  • comprehend their behavior’s nature.

Even if the other party consents to the conduct, they can take out the approval. In this case, the other individual can be found guilty of PC 287 if they continue the behavior.

You cannot use the facts below to prove the victim’s consent to the act:

  • You previously dated or were dating the alleged victim
  • The victim is your spouse or ex-spouse
  • The alleged victim asked you to use protection

Nonetheless, if you assumed that the other party permitted the conduct, you cannot be convicted of PC 287.

Fear or Force

The element of PC 287 can consist of one of the below:

  • Force — Sufficient physical force that overcomes another person’s will
  • Menace — A statement, act, or threat showing intent to hurt a person
  • Duress — Implied or direct threat of danger, hardship, violence, force, or vengeance that can cause a prudent individual to engage in conduct that they could not otherwise do
  • Violence
  • Threats of illegal and immediate bodily injuries
  • Threats to hit back if the alleged victim refuses to submit by illegal confining or restraining, kidnapping, or inflicting serious bodily injuries or causing the alleged victim’s death

Oral Copulation of a Drunk Individual

You can be convicted of PC 287 if you participate in the sexual behavior with somebody else, and all the statements below are correct:

  • The victim could not counterattack because they were under the influence of alcohol or drugs
  • You were aware or ought to have been aware that the other party was unable to consent

Gray areas exist in these cases since most sexual incidences occur when either party is drunk.

However, as far as PC 287 is concerned, an individual is deemed intoxicated to give consent when they do not understand the conduct’s nature, consequences, and moral character.

Oral Copulation of an Unconscious Individual

A defendant can be sentenced for PC 287 if:

  • They perform the conduct with an unconscious individual
  • They knew that their victim could not resist

Under PC 287, being unconscious could mean that:

  • The victim was sleeping or unconscious
  • The victim did not know the act was happening
  • The victim did not know of the conduct’s essential characteristics because the accused concealed details from them, lied, or deceived them

Oral Copulation with an Individual Living with a Disability

An accused person can also be sentenced for PC 287 if they:

  • Orally copulate with a person with developmental or mental disorders or physical incapacity that hinders them from comprehending the sexual behavior’s nature and potential consequences
  • Knows or ought to have been aware that the victim’s disability or disorder would prevent them from lawfully consenting

Penalties and Sentencing for Violating PC 287

Violating PC 287 is a California felony carrying the following penalties:

  • Formal probation
  • An eight-year prison sentence
  • Up to $10,000 in fines

The penalties enhance if the victim is below eighteen when the crime happens. In this case, you will face:

  • Ten-year imprisonment if the minor is at least 14 years, or
  • Twelve-year imprisonment if the alleged victim is below 14

Penal Code Section 287 in a Concert

The consequences and penalties enhance if you commit the crime in concert (together with more than one other person).

The enhanced penalties/consequences apply both:

  • If the defendant partook in the crime commission
  • If the accused aided or abetted somebody else in committing the offense

The following are potential sentences for PC 287 in concert:

  • If the alleged victim is older than 18 years, you will serve up to a nine-year imprisonment
  • If the alleged victim is at least fourteen, you will face up to twelve years of incarceration
  • A maximum of fourteen if the alleged victim is below fourteen

Mandatory Sex Offender Registration

A PC 287 conviction will require the accused to register as a sex offender as a tier III offender under PC 290.

To meet the initial reporting requirement, you should register your primary address with the law enforcement within five days of your sentence, release from detention, and discharge from a mental health facility or hospital, depending on the earliest release into your community.

Once you register, the court will notify the Department of Justice (DOJ), which will monitor your reporting adherence.

Additionally, the registration requirements will vary on factors like:

  • Moving
  • Living as a transient (you do not have a permanent residence)
  • The court declares you a sexually violent predator
  • Being employed by or enrolled at a California educational institution
  • Working with or supervising children

As a sex offender, the following information will appear online:

  • Your name
  • Photo
  • Identifying information like known aliases, scars or tattoos, eye color, height, and weight
  • The crime that subjected you to sex offender registration

Legal Defenses

During the initial consultation, your defense lawyer can listen to your side of the story, review the case facts, and develop a legal strategy to avoid PC 287 penalties. The most common legal defenses include:

Insufficient Evidence

Since PC 287 does not always lead to physical proof like injuries to the victim, the only evidence the prosecution might have is the accuser’s statements.

If this is the case, your lawyer can use investigative tools like a private polygraph test to persuade the prosecution that your criminal case is flimsy.

False Accusations

Like most California sex offenses, false accusations are common in PC 287 charges. The accuser can be your current or ex-spouse or domestic partner, and they could be making a false allegation due to anger, revenge, jealousy, or gaining the upper hand in a child custody dispute.

The Alleged Victim Consented to Your Sexual Act

The absence of the victim’s consent is an element of this criminal activity that the prosecutor must establish before convicting you.

However, in most cases, there exists much vagueness about whether the victim consented. If you believe the victim consented, you cannot be sentenced for the offense.

Also, it is challenging to establish the absence of consent. Typically, these cases come down to challenging “they said” allegations.

The Defendant is a Victim of a Mistaken Identity

Mistaken identification happens when an offense victim or eyewitness mistakenly identifies an individual as the perpetrator of a criminal activity they did not commit. In other words, the witness identifies the wrong individual.

Mistaken identification is a significant challenge causing most wrongful convictions in California. People have imperfect memories, and the prosecution teams and court worsen the situation by failing to investigate the case facts thoroughly. Consequently, a defendant is subjected to unreliable and unduly procedures, and an innocent person is jailed.

Luckily all is not lost. Due to the ripple effects of mistaken identity, you should retain a skilled attorney as soon as possible. The legal counsel will conduct a cross-examination that can make a difference in your case. They also know the most convincing arguments to ensure your rights are protected.

Illegal Search and Seizure

The Fourth Amendment to the United States Constitution protects citizens from illegal search and seizure. A victim of an unlawful law enforcement search can seek to obtain the illegally-acquired evidence excluded from the trial.

The law enforcement agency cannot search your property or person unless:

  • They have a valid search warrant from the judge
  • The search is within one of the exemptions to the warrant requirement

Some of the property or places the police can search and warrant exceptions include:

  • A search conducted with your voluntary consent
  • A search where police officers are looking for either firearm used against you or for criminal evidence that you can otherwise destroy
  • A search of a motor vehicle when law enforcers have probable cause to believe the car has evidence about the alleged crime
  • A search of an incriminating item that is in plain view while police officers are conducting an otherwise legal search
  • A search in an emergency aimed to stop severe property damage or physical harm

Common Misconceptions in Fighting PC 287 Charges

You cannot use the following facts as defenses to your criminal charges:

  • It does not constitute consent that you were dating or married when you committed the crime. The other party should provide consent before and during the conduct.
  • Being below 18 years during the sexual act cannot save you from facing criminal charges.

The Statute of Limitations (SOL) for PC 287

If the alleged victim was a minor during the crime commission, the SOL ends once they turn 40. Alternatively, the district attorney can file the criminal charge within a year once:

  • The alleged victim brings a police report with PC 287 against a child allegations
  • All other SOLs have elapsed
  • Independent information corroborated the allegation (excluding a psychologist’s opinion and perspective)

The SOL would be ten years following the crime if the alleged victim were older than 18.

Irrespective of the alleged victim’s age during the crime, the district attorney can file the criminal charge within one (1) year after DNA testing establishes the defendant’s identity.

Related Offenses

Discussed below are crimes charged alongside or in place of California Penal Code Section 287:

California Rape Laws

PC 261 makes it illegal to have non-consensual sexual intercourse realized by fraud, force, or threats. The difference between PC 287 and rape is that with the former, the main sexual conduct is intercourse instead of oral sex.

Rape is a felony. It carries up to eight years in state prison.

Sexual Assault/Battery

PC 243.4 is touching another person’s intimate parts without consent for sexual abuse, arousal, or gratification.

It is a wobbler. A misdemeanor carries a year of incarceration and $2,000 in fines. On the other hand, a felony is punishable by up to four years in state prison and a fine of $10,000.

Depending primarily on the case circumstances, you could be prosecuted for both crimes. Alternatively, the prosecutor can reduce PC 287 charges to sexual assault charges.

Oral Copulation on a Minor

PC 287 describes the related crime of oral copulation on a minor. It involves oral copulation with an individual less than 18 years, irrespective of whether the oral sex is nonconsensual. This makes the crime in question identical to statutory rape.

The offense is a California wobbler. The prosecutor can charge the crime either as a California misdemeanor or felony, depending mainly on the accused’s criminal history and the case circumstances.

Nevertheless, the crime is a felony if the accused is above twenty-one and the alleged victim is below 16. The prison sentences are between sixteen months and eight years.

If accused of this crime and the prosecution team’s proof of whether the sexual conduct was nonconsensual is weak, then your defense lawyer can persuade the prosecution to reduce the charge to oral copulation with a minor. The crime is punishable by less severe penalties and consequences.

Civil Lawsuit for Violating PC 287

A PC 287 law violation victim is entitled to pursue compensation for California sexual assault. The victim can take legal action even if you, the defendant, have not been sentenced for or charged with the crime.

Provided the plaintiff establishes beyond a preponderance of the evidence that you engaged in the sexual behavior, the plaintiff can recover the following compensatory damages:

  • Medical expenses
  • Psychological counseling
  • Lost income
  • Lost earning capacity
  • Emotional distress
  • Insomnia
  • Anxiety

Moreover, domestic partners and spouses of victims are entitled to receive loss of consortium damages. The damage compensates for the loss of moral support, intimacy, and companionship due to the defendant’s actions.

The victim can also recover punitive damages (exemplary damages) if the defendant was reprehensible. The damages are tailored to reprove the accused and deter them from acting similarly in the future.

Arraignment Process

An arraignment hearing is the initial court hearing after your PC 287 arrest. It occurs after the prosecutor brings formal charges. During the court proceeding:

  • The judge will advise you of the legal rights and the criminal charge against you
  • The court will set, reinstate or modify your bail amount
  • You will have an opportunity to enter a plea

Both the federal and state constitutions offer defendants several rights throughout their criminal process. During the arraignment, the court should advise you of these constitutional rights, including:

  • Entitlement to a speedy trial
  • Right to legal representation
  • Entitlement against self-incrimination by remaining silent
  • Right to confront witnesses
  • Entitlement to a jury trial

When Should Arraignment Happen?

Since violation of PC 287 is a felony, you will face two arraignment hearings. The initial arraignment should happen within 48 hours (not including holidays and weekends) following your arrest. On the other hand, the second takes place following the preliminary hearing if the outcome of the hearing is holding you to answer on your criminal charges.

Sometimes, making you wait forty-eight hours can be unreasonable depending on your case circumstances. If an unreasonable delay exists between the arrest and arraignment, the delay can be deemed illegal detention. It is a type of police misconduct, and you can seek compensation for monetary damages. However, unlawful detention will not lead to case dismissal.

Can Your Defense Attorney Attend the Court Hearing on Your Behalf?

Since you are charged with a California felony, you should attend all your court proceedings, including arraignment. However, there are exemptions that either:

  • Excuse your in-person attendance if you implement a written waiver, and the court accepts the waiver, or
  • Permit you to attend through a video court (two-way audio/video conference)

Your defense lawyer should explain the rules linked to the exceptions.

Even when you validly excuse yourself from the arraignment, the judge retains the entitlement to ask you to make an in-person attendance at any time until your case is resolved.

The judge will issue a bench warrant if you fail to attend your court hearing. The bench warrant authorizes the police to apprehend you and take you to court. FTA can also result in an additional felony charge.

Things to Bring to Your Hearing

You should come with your criminal defense lawyer (if you have retained one) and all paperwork you have received from the bondsman, jail, and the police. Also, remember to carry any evidence or documents that can help in building your case defense.

Probably, you will leave your court hearing with:

  • A copy of the police report about your criminal case
  • A copy of the formal complaint that has been brought against you

You Can Take a Plea

As previously mentioned, arraignment allows you to enter a plea in your criminal case. Whether you take a plea or decide to proceed with your criminal matter depends on the case facts. Some of the plea options you can enter include:

  • No contest
  • Guilty
  • Not guilty

Most defendants with legal representation do not plead no contest or guilty during their arraignment. It is advisable to prevent prosecution for a more severe, uncharged crime.

The Judge Can Choose to Reduce the Bail Amount at Your Arraignment

Bail is the amount you post with the court to guarantee your court attendance and compliance with bail conditions. Every California county has a set bail schedule for all crimes.

If the set bail amount is too high, you can request the court to reduce it. The judge will consider the following factors before deciding to modify the amount by increasing or lowering it or release you on your own recognizance:

  • Whether you are a flight risk
  • Your community ties
  • Whether you pose a threat in your community

If you cannot raise the entire bail amount, you will remain detained until the case matter is resolved. Alternatively, you can contact a seasoned California bail bond agent who can post the amount on your behalf.

Find a Skilled Sex Crime Defense Lawyer Near Me

If you are under investigation or have been charged with PC 287, your reputation, rights, and future are at stake. Even a defendant cleared of their criminal charge has a challenging time dealing with the stigma associated with this sex crime. If convicted, you will face penalties like sex offender registration, fines, and incarceration, and your life will never be the same again. While your future could seem bleak, you can fight the criminal charges and avoid the conviction. California Criminal Lawyer Group takes pride in representing thousands of defendants in Santa Ana and protecting their rights and freedom. We can listen to your side of the story, analyze the evidence against you, including police reports and witness statements, develop the most effective legal defense(s), and offer guidance. Please contact us at 714-844-4151 for a no-obligation and confidential case review.