Crimes: rape.

Senators Wahab, Rubio, and Cervantes propose eliminating the spousal exception from California's legal definition of rape, ensuring the same standards of consent apply regardless of marital status between perpetrator and victim.

The legislation maintains existing criteria that define rape as sexual intercourse accomplished through force, threats, or when a victim cannot legally consent due to mental disorder, developmental disability, physical disability, unconsciousness, or intoxication. The bill preserves requirements for prosecutors to prove that mental disorders or disabilities rendered victims incapable of consent, while considering any mitigating measures or voluntary supports in place. Additional qualifying circumstances include acts committed through deception about the perpetrator's identity or through threats of future retaliation.

While the change creates a state-mandated local program by expanding the scope of an existing crime, the bill specifies that local agencies and school districts will not receive state reimbursement for any associated costs. This determination aligns with constitutional provisions regarding state mandates that modify criminal definitions or penalties.