If you are accused of an illegal act of sodomy, it will be a traumatic experience. It will impact your ability to carry on a normal life with your friends, family and employer. The negative social stigma of a sodomy accusation can follow you for the rest of your life. However, being accused of an illegal act of sodomy does not mean that you will be convicted. The skilled sodomy defense attorneys at Wallin & Klarich have been handling sodomy cases for over 30 years and have the knowledge to help you achieve the best possible result in your case.
Legal Definition of Sodomy
California Penal Code section 286 defines sodomy as “sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy.”
It is important to note that not all forms of sodomy are illegal. For example, two adults may consensually engage in an act of sodomy without fear of criminal prosecution. Illegal acts of sodomy include the following:
- You engaged in an act of sodomy with a person under 18 years of age (PC 286(b)(1));
- You accomplished the sodomy through force, violence or fear (PC 286(c)(2)(A));
- You engaged in an act of sodomy with someone who was asleep or otherwise unconscious (PC 286(f));
- You engaged in an act of sodomy with someone who was unable to give consent due to a mental disorder (PC 286(g)); OR
- You engaged in an act of sodomy with someone who was too intoxicated to give consent (PC 286(i)).
Defenses to a Sodomy Charge
The experienced sodomy defense attorneys at Wallin & Klarich are familiar with all of the defenses to a sodomy charge. Your Wallin & Klarich attorney can raise any of the following defenses successfully on your behalf:
- You may not be convicted of the crime of sodomy under PC 286 if you reasonably believed that another adult consented to an act of sodomy.
- Example: You met a 27-year old male at a local gay bar. The two of you left the bar to engage in sexual activity at your apartment. The alleged victim appeared willing to engage in an act of sodomy but later accused you of using force to accomplish the act of sodomy. You may be released from criminal liability if you reasonably believed that he consented to the act of sodomy.
- If you engaged in a consensual act of sodomy and reasonably believed that the person was an adult, you may not be convicted of an illegal act of sodomy.
- Example: You had consensual anal intercourse with another male. The alleged victim claimed that he was 18 years old and also appeared physically mature. Your belief that the alleged victim was an adult at the time of the anal intercourse may be a defense to a sodomy charge.
- False allegation
- The alleged victim may have falsely accused you of sodomy in order to seek revenge or to make someone jealous. A prosecutor may not convict you of sodomy under PC 286 if the allegation cannot be substantiated.
- Example: Your ex-girlfriend falsely accused you of using force to accomplish an illegal act of sodomy after you decided to end the relationship. Your Wallin & Klarich attorney can help you defend the sodomy charge by showing that the allegation was a baseless form of revenge.
Call the Experienced California Sodomy Defense Attorneys at Wallin & Klarich
If you are being accused of an offense under California Penal Code section 286, it is essential that you contact the skilled sodomy defense attorneys at Wallin & Klarich. Our attorneys have over 30 years of experience successfully defending clients accused of an illegal act of sodomy. Our team of experienced lawyers has the knowledge and expertise to help you win your case.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, Torrance, West Covina, San Bernardino, Sherman Oaks, Ventura and Victorville. Call us today at (877) 466-5245 for a free telephone consultation. We will get through this together.