You're right. I did confuse Mariska's character was the one conceived by rape, and that Mariska was raped. Fixed that above. I remember "daughter of rape" being used on the show. You are correct about it not being a parent.
Penal code 289 is the one you want, plus 263. In practice, it is any touch. The theory behind any touch on underwear…
You're right. I did confuse Mariska's character was the one conceived by rape, and that Mariska was raped. Fixed that above. I remember "daughter of rape" being used on the show. You are correct about it not being a parent.
Penal code 289 is the one you want, plus 263. In practice, it is any touch. The theory behind any touch on underwear is that underwear is also a foreign object.
"...(k) As used in this section:
(1) “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object.
(2) “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ.
(3) “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body.
Didn’t mean to sound like I was picking on you about “daughter of rape.” During many years with the pro-life movement, I’ve read a lot of personal accounts by people who were conceived by rape, and it’s not a term I’ve ever seen them use.
I see what you’re saying with the California penal codes. I think the confusion comes from “a part of a hand touching genitalia or through underwear, without penetration” - I was thinking of stuff like a man touching a woman’s labia majora, not right outside her vagina.
"... however slight is sufficient to complete the crime."
Technically, a wedgie with pants on would be covered and whoever could be put away for 15 years. Technically, the horsing around among girls at gymnastics gyms would be covered for sure.
You're right. I did confuse Mariska's character was the one conceived by rape, and that Mariska was raped. Fixed that above. I remember "daughter of rape" being used on the show. You are correct about it not being a parent.
Penal code 289 is the one you want, plus 263. In practice, it is any touch. The theory behind any touch on underwear is that underwear is also a foreign object.
"...(k) As used in this section:
(1) “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object.
(2) “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ.
(3) “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=289.&lawCode=PEN
Penal code 263 is part of it. "...Any sexual penetration, however slight, is sufficient to complete the crime."
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=263.&nodeTreePath=4.8.1&lawCode=PEN
Didn’t mean to sound like I was picking on you about “daughter of rape.” During many years with the pro-life movement, I’ve read a lot of personal accounts by people who were conceived by rape, and it’s not a term I’ve ever seen them use.
I see what you’re saying with the California penal codes. I think the confusion comes from “a part of a hand touching genitalia or through underwear, without penetration” - I was thinking of stuff like a man touching a woman’s labia majora, not right outside her vagina.
"... however slight is sufficient to complete the crime."
Technically, a wedgie with pants on would be covered and whoever could be put away for 15 years. Technically, the horsing around among girls at gymnastics gyms would be covered for sure.