Is sodomy and oral copulation an assault or sexual assault?

California, United States of America


The following excerpt is from People v. Luevano, B262391 (Cal. App. 2016):

The sodomy and oral copulation charges are sexual assault offenses. (People v. Harrison (1989) 48 Cal.3d 321, 327 [describing rape, sodomy, and oral copulation, the "basic trilogy of sex crimes" as "sexually assaultive behavior"].) We note defendant does not claim these two sexual assault charges were improperly joined with the lewd conduct with a child charge, nor would such claim be meritorious.

Other Questions


When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
What is the test for establishing that the date of an alleged sexual assault occurred prior to the effective date of the sexual assault statute? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the test for determining whether a sexual assault victim is sexually assaulted on a bus? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Is there any difference between a prior sexual assault and the current sexual assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.