Legal dating laws in california
For reprint permission, please contact RAINN's vice president for public policy, Rebecca O'Connor, at [email protected]
RAINN (Rape Abuse and Incest National Network) provides general information that is intended, but not guaranteed, to be correct and up-to-date.
(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
The new bills include new measures that prohibit law enforcement from disclosing victims' names, and immunity for those 15 or younger having to testify from inside a physical courtroom.
"Our theory was if you can't consent to sex if you're under 18, you can't be a prostitute,” said state Senator Holly Mitchell, a Democrat from Los Angeles.
A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue …” So pursuant to these basic California rape statutes, if a person is intoxicated to a certain degree, even if he or she eagerly consents to and/or initiates the sexual activity, this may constitute rape or sexual assault even if the perpetrator was himself or herself somewhat intoxicated too.
Her legislation decriminalizes underage prostitution. If you're under 18, and are picked up by law enforcement for solicitation, you’re directed to child welfare services, not jail or juvenile hall.
Let’s look at the basic California rape laws with which some of us may already be familiar by way of popular notions of ‘what rape is’.
Penal Code sections 261 and 262 generally define rape as non-consensual sexual intercourse in various conditions, including but not limited to: Penal Code section 263 elaborates that “the essential guilt of rape consists in the outrage to the person and feelings of the victim of the rape.
(Evelyn Hockstein for The Washington Post)California state Sens.
Kevin de León (D-Los Angeles), California Senate president pro tempore, and Hannah-Beth Jackson (D-Santa Barbara) are the joint authors of the California affirmative consent bill, signed into law last year.
(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused.