California State Legislature

Bill Title Criminal law: rape.
Hispanic Sponsors CA Assemb. Cristina Garcia (D-CA-058)
Date Introduced 02/01/2018
NHCSL Task Force
Law and Criminal Justice
Primary Issue Area Law
Issue Areas
Civil law
Criminal justice
Session 2017-2018 Regular Session


Existing law establishes the offenses of rape and spousal rape, defined as an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator or who is the spouse of the perpetrator, respectively, under certain circumstances, including where the act is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. This bill would establish, in prosecutions under specified sex offenses, including rape and spousal rape, in which consent is at issue, that if a person freely agrees to have sexual intercourse or sexual contact with another person on the condition that a sexually protective device, as defined, is used and that other person intentionally removes or damages the sexually protective device without permission before or during sexual intercourse or sexual contact, there has been no valid consent. By broadening the scope of a crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.