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What is Sodomy by Force in California?


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.