Bill > SB258

This bill amends Section 261 of the California Penal Code to remove the spousal exception in the definition of rape, effectively expanding the legal definition of rape to include sexual intercourse without consent in situations involving a spouse. The bill maintains the existing circumstances under which rape is defined, such as when a person is incapable of giving legal consent due to a mental disorder or disability, when force or violence is used, when the victim is prevented from resisting by an intoxicating substance, when the victim is unconscious or unaware of the nature of the act, when the victim is misled through fraud or impersonation, or when the victim is threatened with retaliation. The bill also provides detailed definitions of legal terms like "duress" and "menace" to help clarify the conditions under which sexual intercourse would be considered rape. Additionally, the bill includes a provision stating that no state reimbursement is required for implementing this law, as it relates to defining or changing the scope of a criminal act. By removing the spousal exception, the bill aims to strengthen legal protections against sexual assault within marriage and ensure that all non-consensual sexual acts are treated equally under the law.

Budget and Finance, Justice

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