SB-258
Justice & Public Safety

Crimes: rape.

Introduced
CA
2025-2026 Regular Session
0
0
Track

Key Takeaways

  • Removes the spousal exception from California's rape laws to criminalize non-consensual sex within marriage.
  • Expands legal protections by defining seven specific circumstances that constitute rape regardless of marital status.
  • Requires prosecutors to prove victim's inability to consent due to mental or physical conditions.
  • Establishes clear definitions of duress and menace for rape prosecution.

Summary

Senators Wahab, Rubio, and Cervantes have put forward legislation to remove the spousal exception from California's legal definition of rape, establishing that sexual assault within marriage would be prosecutable under the same circumstances as assaults outside of marriage. The bill modifies Section 261 of the California Penal Code to apply uniformly regardless of marital status between victim and perpetrator.

The legislation maintains the existing circumstances that define rape, including cases where victims are incapable of consent due to mental disorder or disability, acts committed through force or threats, situations involving intoxication or unconsciousness, and instances of deception or abuse of authority. The law continues to require prosecutors to prove a victim's incapacity to consent when mental disorder or disability is involved, regardless of any existing conservatorship.

While the bill creates a state-mandated local program by expanding the definition of a crime, it specifies that local agencies and school districts will not require state reimbursement for implementation costs. The measure requires a majority vote for passage and includes no new appropriations.

Key Dates

Next Step
Referred to the Senate Standing Committee on Appropriations
Next Step
Senate Committee
Referred to the Senate Standing Committee on Appropriations
Hearing scheduled for , 1021 O Street, Room 2200
Senate Public Safety Hearing
Senate Committee
Senate Public Safety Hearing
Senate Public Safety Hearing
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Senate Floor
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Introduced. Read first time. To Com. on RLS. for assignment. To print.

Contacts

Profile
Anna CaballeroD
Senator
Bill Author
Not Contacted
Not Contacted
Profile
Cecilia Aguiar-CurryD
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Tim GraysonD
Senator
Bill Author
Not Contacted
Not Contacted
Profile
Sabrina CervantesD
Senator
Bill Author
Not Contacted
Not Contacted
Profile
Melissa HurtadoD
Senator
Bill Author
Not Contacted
Not Contacted
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Profile
Anna CaballeroD
Senator
Bill Author
Profile
Cecilia Aguiar-CurryD
Assemblymember
Bill Author
Profile
Tim GraysonD
Senator
Bill Author
Profile
Sabrina CervantesD
Senator
Bill Author
Profile
Melissa HurtadoD
Senator
Bill Author
Profile
Susan RubioD
Senator
Bill Author
Profile
Megan DahleR
Senator
Committee Member
Profile
Kelly SeyartoR
Senator
Committee Member
Profile
Dave CorteseD
Senator
Bill Author
Profile
Akilah Weber PiersonD
Senator
Bill Author
Profile
Angelique AshbyD
Senator
Bill Author
Profile
Aisha WahabD
Senator
Bill Author
Profile
Christopher CabaldonD
Senator
Committee Member
Profile
Jerry McNerneyD
Senator
Bill Author
Profile
Laura RichardsonD
Senator
Committee Member

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Susan Rubio
Susan RubioD
California State Senator
Aisha Wahab
Aisha WahabD
California State Senator
Sabrina Cervantes
Sabrina CervantesD
California State Senator
Co-Authors
Angelique Ashby
Angelique AshbyD
California State Senator
Anna Caballero
Anna CaballeroD
California State Senator
Dave Cortese
Dave CorteseD
California State Senator
Cecilia Aguiar-Curry
Cecilia Aguiar-CurryD
California State Assembly Member
Tim Grayson
Tim GraysonD
California State Senator
Melissa Hurtado
Melissa HurtadoD
California State Senator
Jerry McNerney
Jerry McNerneyD
California State Senator
Akilah Weber Pierson
Akilah Weber PiersonD
California State Senator
10% progression
Bill has been formally introduced and read for the first time in its house of origin (2/3/2025)

Latest Voting History

April 29, 2025
PASS
Senate Committee
Senate Public Safety Hearing
AyesNoesNVRTotalResult
6006PASS

Key Takeaways

  • Removes the spousal exception from California's rape laws to criminalize non-consensual sex within marriage.
  • Expands legal protections by defining seven specific circumstances that constitute rape regardless of marital status.
  • Requires prosecutors to prove victim's inability to consent due to mental or physical conditions.
  • Establishes clear definitions of duress and menace for rape prosecution.

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Susan Rubio
Susan RubioD
California State Senator
Aisha Wahab
Aisha WahabD
California State Senator
Sabrina Cervantes
Sabrina CervantesD
California State Senator
Co-Authors
Angelique Ashby
Angelique AshbyD
California State Senator
Anna Caballero
Anna CaballeroD
California State Senator
Dave Cortese
Dave CorteseD
California State Senator
Cecilia Aguiar-Curry
Cecilia Aguiar-CurryD
California State Assembly Member
Tim Grayson
Tim GraysonD
California State Senator
Melissa Hurtado
Melissa HurtadoD
California State Senator
Jerry McNerney
Jerry McNerneyD
California State Senator
Akilah Weber Pierson
Akilah Weber PiersonD
California State Senator

Summary

Senators Wahab, Rubio, and Cervantes have put forward legislation to remove the spousal exception from California's legal definition of rape, establishing that sexual assault within marriage would be prosecutable under the same circumstances as assaults outside of marriage. The bill modifies Section 261 of the California Penal Code to apply uniformly regardless of marital status between victim and perpetrator.

The legislation maintains the existing circumstances that define rape, including cases where victims are incapable of consent due to mental disorder or disability, acts committed through force or threats, situations involving intoxication or unconsciousness, and instances of deception or abuse of authority. The law continues to require prosecutors to prove a victim's incapacity to consent when mental disorder or disability is involved, regardless of any existing conservatorship.

While the bill creates a state-mandated local program by expanding the definition of a crime, it specifies that local agencies and school districts will not require state reimbursement for implementation costs. The measure requires a majority vote for passage and includes no new appropriations.

10% progression
Bill has been formally introduced and read for the first time in its house of origin (2/3/2025)

Key Dates

Next Step
Referred to the Senate Standing Committee on Appropriations
Next Step
Senate Committee
Referred to the Senate Standing Committee on Appropriations
Hearing scheduled for , 1021 O Street, Room 2200
Senate Public Safety Hearing
Senate Committee
Senate Public Safety Hearing
Senate Public Safety Hearing
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Senate Floor
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Introduced. Read first time. To Com. on RLS. for assignment. To print.

Latest Voting History

April 29, 2025
PASS
Senate Committee
Senate Public Safety Hearing
AyesNoesNVRTotalResult
6006PASS

Contacts

Profile
Anna CaballeroD
Senator
Bill Author
Not Contacted
Not Contacted
Profile
Cecilia Aguiar-CurryD
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Tim GraysonD
Senator
Bill Author
Not Contacted
Not Contacted
Profile
Sabrina CervantesD
Senator
Bill Author
Not Contacted
Not Contacted
Profile
Melissa HurtadoD
Senator
Bill Author
Not Contacted
Not Contacted
0 of 15 row(s) selected.
Page 1 of 3
Select All Legislators
Profile
Anna CaballeroD
Senator
Bill Author
Profile
Cecilia Aguiar-CurryD
Assemblymember
Bill Author
Profile
Tim GraysonD
Senator
Bill Author
Profile
Sabrina CervantesD
Senator
Bill Author
Profile
Melissa HurtadoD
Senator
Bill Author
Profile
Susan RubioD
Senator
Bill Author
Profile
Megan DahleR
Senator
Committee Member
Profile
Kelly SeyartoR
Senator
Committee Member
Profile
Dave CorteseD
Senator
Bill Author
Profile
Akilah Weber PiersonD
Senator
Bill Author
Profile
Angelique AshbyD
Senator
Bill Author
Profile
Aisha WahabD
Senator
Bill Author
Profile
Christopher CabaldonD
Senator
Committee Member
Profile
Jerry McNerneyD
Senator
Bill Author
Profile
Laura RichardsonD
Senator
Committee Member