Crimes: rape.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill removes a legal exception in California law that allowed rape to occur if the victim was a spouse incapable of giving consent due to a mental disorder or disability. The change expands the definition of rape to include cases where a person’s ability to consent is impaired by such conditions, regardless of their marital status. This revision aims to broaden the scope of criminal liability for rape offenses.
Key provisions
- Removes the spousal exception to the definition of rape.
- Expands the definition of rape to include individuals with mental disorders or developmental/physical disabilities who are incapable of giving consent.
- Requires prosecutors to prove a mental disorder or disability rendered the victim incapable of consent.
- Considers mitigating measures and voluntary supports in determining incapacity.
- Clarifies definitions related to duress, incapacity, and menace.
Who is affected
- Victims of rape
- Defendants accused of rape
- Law enforcement agencies
- Prosecutors
- The legal system
Notable changes
- Broadens the definition of rape beyond spousal relationships.
- Adds specific considerations regarding mitigating measures and voluntary supports.
- Requires a more detailed evidentiary standard for proving incapacity.
Bill text
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Sponsors
Official sponsors from legislative records.
21 on record
Primary sponsor
Cosponsors
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