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Understanding California’s Sexual Consent Laws

Posted on in Criminal Defense

San Jose sex crimes defense lawyerSexual consent has been a hot topic in recent years, with much conversation taking place in mainstream media and on social media platforms. The #MeToo campaign is a social media movement that brought light to sexual harassment and sexual assault and helped change the way those topics were talked about.

Many allegations of sexual misconduct hinge on consent. Sexual consent can be a tricky subject because of the unfamiliarity and ambiguousness of what constitutes sexual consent. As discussed below, California has some of the most progressive sexual consent laws in the country. If you have been accused of sexual assault or another sex crime, it is important to understand California’s sexual consent laws.

What is Sexual Consent?

In California, consent is defined as the positive cooperation toward a sexual act. The cooperation can be either through act or attitude, but the person must act freely or voluntarily and must have knowledge of the act that is happening. The law also states that a current or previous dating or marital relationship does not constitute consent. A person who is under the influence of alcohol or drugs cannot consent to sexual intercourse, even if the intoxication was voluntary. Both partners must be conscious and aware of the sexual acts that occur for the acts to be consented to.

Consequences of Violating Sexual Consent Laws

One type of sex crime you can be charged with is rape, which is sexual intercourse that is performed on a person who is incapable of or does n. Rape also occurs when:

  • Intercourse is performed against a person’s will by means of force, violence, threat, or fear of bodily harm;
  • A person is prevented from resisting an act because of intoxication from alcohol or drugs and the perpetrator is aware; and
  • A person is unconscious, asleep, not aware or knowing of the sexual act and the perpetrator was aware of this.

The law also states that all forms of nonconsensual sexual assault can be considered rape, because of the seriousness of the crime.

Are You Facing Sex Crime Charges? A San Jose Sex Crimes Defense Lawyer Can Help

Sex crime charges can be tricky to navigate, but with the help of an experienced Santa Clara County sex crimes defense attorney, you can have peace of mind that you are being defended by someone with your bests interests in mind. The Jachimowicz Law Group has a unique team of attorneys who can help you keep your name clear. Being accused of a sex crime puts you in a very serious legal situation, but with our firm, you are in good hands. To contact the office and schedule a free consultation, call 408-246-5500.

Sources:

https://apps.rainn.org/policy/policy-crime-definitions-export.cfm?state=California&group=9

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=9.&part=1.&chapter=1.&article=

 

 

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