What is Sodomy by Force in California?
The short version is that sodomy by force is simply rape of a different part of the human body.
California Penal Code § 286 PC defines sodomy, and the cases interpreting and defining rape and sodomy are the same. It is essential to recognize that in California, each penetration is a separate crime, so a person can be charged with multiple counts of sodomy or rape for one incident.
In California, there are no common law crimes. A separate statute has to be created for every crime. This helps explain why there is a separate sodomy statute from a rape statute. Historically, sodomy statutes were used against individuals due to their consensual sexual conduct, but this is no longer the case in California.