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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.

Last Updated: 06/27/2025