Crimes: rape.

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.