Bill > SB258

This bill amends California's Penal Code to remove the spousal exception from the definition of rape, effectively expanding the legal definition of rape to include sexual intercourse without consent even between married individuals. The bill clarifies that rape occurs under specific circumstances, such as when a person is incapable of giving legal consent due to a mental, developmental, or physical disability, when force or threats are used, when the victim is unconscious or unaware, or when the victim is deliberately misled about the nature of the act. The bill requires prosecutors to prove that a disability rendered the victim incapable of giving consent, and it considers factors like mitigating measures and voluntary supports when determining consent. Additionally, the bill specifies that having a disability does not automatically mean a person cannot consent to sexual intercourse. The legislation also notes that no state reimbursement is required for implementing this change, as it relates to modifying the definition of a crime. This bill represents an important legal update to sexual assault laws, emphasizing consent and protecting individuals from sexual violence regardless of their marital status or personal circumstances.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB258