California Penal Code § 289

Under California Penal Code § 289, California Penal Code § 289 criminalizes sexual penetration accomplished against the victim’s will by force, duress, or fear, or on a victim who cannot consent. Section 289 offenses are among those that support civil claims under CCP § 340.1 (childhood) and § 340.16 (adult).

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text

Read the full, current section at the official source: Cal. Penal Code § 289 (leginfo).

In Plain English

• Criminal definition: § 289 covers forcible sexual penetration, with enhanced penalties where the victim is a child.
• Civil parallel: § 289 offenses are among those defining sexual assault/abuse for civil claims.
• Deadlines: childhood claims have no deadline (§ 340.1); adult claims follow § 340.16.
• No conviction required to bring the civil claim.

Key Terms Defined

Sexual penetration

Non-consensual penetration as defined in § 289, accomplished by force, duress, or on a victim who cannot consent.

Against the victim’s will

Without consent — a required element of a § 289 forcible offense.

Civil sexual assault

The civil-law category incorporating § 289 offenses, with deadlines under § 340.1 / § 340.16.

Purpose & Context

Section 289 is the criminal statute for forcible sexual penetration. It also matters civilly: § 289 offenses are among those that define sexual assault and abuse for California’s civil statutes, enabling survivors to seek compensation.

Real-World Example

A survivor of a § 289 assault chooses not to pursue criminal charges. They may still bring a civil claim — within § 340.16’s window for adults, or with no deadline under § 340.1 if the abuse occurred in childhood.

Penal § 289 — civil takeaways

Related California Statutes

• CCP § 340.16 — adult civil deadline
• CCP § 340.1 — no deadline for childhood abuse
• Penal Code § 288 — lewd acts on a child

Why 289 Matters

For injured people & families

Whether the assault happened in childhood or adulthood, § 289 conduct supports a civil claim — and childhood claims have no deadline at all. See our California sexual abuse lawyer page.

For defendants

Civil liability for § 289 conduct exists independently of the criminal case and, for childhood abuse, without any limitations period.

Frequently Asked Questions

Can I sue for a § 289 sexual assault without criminal charges?

Yes. A civil claim is independent of the criminal case and does not require a conviction.

What is the civil deadline?

Childhood abuse: none (CCP § 340.1). Adult assault: the later of 10 years or 3 years from discovery (CCP § 340.16).

Can I sue an institution?

Yes, where its negligence enabled the assault; childhood cover-ups can trigger treble damages under § 340.1.

What is the burden of proof?

A preponderance of the evidence in the civil case, lower than the criminal standard.