Q: Is it legally "forced penetration" if the victim still has their undergarments on? Referring to Penal Code 289(A)(1)
A: If there was penetration, no matter how slight, then yes.
A: You need a lawyer, and quick. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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