Does section 667.6, subdivision (d) of the California Criminal Code require full, separate, and consecutive sentences for each rape and for each forcible lewd act?

Sexual assault on a child under section 269 and forcible lewd conduct under section 288, subdivision (b)(1), are both violent sexual offenses to which the provisions of section 667.6, subdivision (d), apply. ( 269, subd. (c), 667.6, subd. (e)(5).) The trial court indicated that section 667.6, subdivision (d), "does require full, separate, and consecutive sentences for each rape and for each forcible lewd act."⁷ This was not, strictly speaking, an accurate statement of the law. As noted, section 667.6, subdivision (d), applies only to violent sex crimes committed on separate occasions. And in a case such as this one, which involves more than one violent sexual offense per incident, "[i]n order to sentence separately on each count under [section 667.6,] subdivision (d), each count would have had to occur on a separate occasion as defined in subdivision (d)."

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(People v. Irwin (1996) 43 Cal.App.4th 1063, 1070, italics added; see People v. Thompson (1982) 138 Cal.App.3d 123, 126.)