Crimes: rape.
- 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.
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.
 Anna CaballeroD Senator | Bill Author |  Not Contacted | |
 Tom LackeyR Assemblymember | Committee Member | Not Contacted | |
 Cecilia Aguiar-CurryD Assemblymember | Bill Author | Not Contacted | |
 Tim GraysonD Senator | Bill Author | Not Contacted | |
 Sabrina CervantesD Senator | Bill Author | Not Contacted |
Email the authors or create an email template to send to all relevant legislators.
Introduced By
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 37 | 0 | 3 | 40 | PASS |
- 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.
Email the authors or create an email template to send to all relevant legislators.
Introduced By
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.
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 37 | 0 | 3 | 40 | PASS |
Anna CaballeroD Senator | Bill Author | Not Contacted | |
Tom LackeyR Assemblymember | Committee Member | Not Contacted | |
Cecilia Aguiar-CurryD Assemblymember | Bill Author | Not Contacted | |
Tim GraysonD Senator | Bill Author | Not Contacted | |
Sabrina CervantesD Senator | Bill Author | Not Contacted |