Rape and Sexual Assault
Under California law, rape and sexual assault generally involve non-consensual sexual acts. Below is a simple breakdown as derived from the California Penal Code (PC), which can be accessed in detail through the California Legislator.
- Rape (PC 261, 263, 263.1): Non-consensual sexual intercourse accomplished through force, threats, fraud, or when the victim is unable to give consent due to intoxication, unconsciousness, or mental incapacity.
- Consent (PC 261.6): A voluntary, freely given agreement to engage in sexual activity. Lack of resistance does not imply consent.
- Sodomy and oral copulation (PC 286, 287): Engaging in anal or oral sex without consent, using force, threats, or exploiting a victim's inability to resist.
- Sexual acts with a child (PC 288.7): Any sexual intercourse, sodomy, or oral copulation with a child under 10 years old is a felony.