Crimes: rape.

Senators Wahab and Rubio have put forward legislation to remove the spousal exception from California's legal definition of rape, marking a change in how the state's criminal code addresses sexual assault within marriages. The current law defines rape as non-consensual sexual intercourse under specific circumstances, but includes an exception when the victim is married to the perpetrator.

The proposed changes would apply all existing rape provisions equally, regardless of marital status. These provisions cover situations where victims are incapable of consent due to mental disorders or disabilities, cases involving force or threats, circumstances where victims are unconscious or intoxicated, and instances of deception about the perpetrator's identity. The law retains its existing definitions of key terms like "duress" and "menace" while extending their application to spousal relationships.

While the bill creates a state-mandated local program by modifying the definition of a crime, it specifies that local agencies and school districts will not require state reimbursement for any associated costs. The legislation requires a majority vote for passage and falls under fiscal committee review.