Bill > SB258

This bill amends California's Penal Code to remove the spousal exception in the legal definition of rape, effectively expanding the circumstances under which rape can be prosecuted. Specifically, the bill clarifies and expands the definition of rape to include scenarios where a person is incapable of giving legal consent due to a mental disorder, developmental disability, or physical disability, regardless of their marital relationship to the perpetrator. The bill requires prosecutors to prove that a mental disorder or disability specifically rendered the victim incapable of giving consent, and mandates consideration of mitigating measures and voluntary supports when determining the victim's capacity to consent. The bill also maintains existing provisions defining rape, such as acts accomplished through force, violence, duress, menace, fear of bodily injury, use of intoxicating substances, unconsciousness, fraud, or threats of retaliation. Additionally, the bill includes detailed definitions of terms like "duress," "menace," and "incapable of giving legal consent" to provide clarity in legal proceedings. The legislation does not require state reimbursement for local agencies, as it pertains to changes in criminal definitions and penalties.

Budget and Finance, Justice

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