A college student is caught in the act of sexually abusing an unconscious woman behind a dumpster, and the story is all over the news. He was found guilty of three felonies by the jury, but the judge only sentenced him to six months in county jail when he might have been given years.
Everyone has an opinion on the matter, but there are also many of questions. What precisely is the distinction between rape and sexual assault in California law? Keep reading to get the answers. If you have been charged with any sex crime in California, contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
Understanding the legal definition of rape
The legal definitions of rape vary from state to state, thus adding to the confusion. Legal definitions may evolve through time to reflect societal views on what is morally acceptable and wrong. For instance, many laws once defined rape as an act committed against a woman. Simply said, neither society nor the law discussed the possibility of rape occurring against men.
In California, rape is broadly defined as an act of sexual activity performed against the will of another person while employing force or the threat of force. They don’t have to show that any force was applied if the victim was unconscious or not mentally capable of giving permission. It was against their will if they were unable to consent.
The FBI employs a broader standard to determine what counts as rape when compiling crime statistics from throughout the nation: Without the victim’s consent, “the penetration, no matter how small, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person.”
Sexual battery/sexual assault
Some of those behaviors would be regarded as sexual battery under California law (also called sexual assault). According to California law, sexual battery is defined as touching an intimate area of another person against their will in order to arouse, satisfy, or abuse that person sexually.
Because the victim is asleep or unable to comprehend what is happening to them, they are being unlawfully restrained or are unable to consent. In the aforementioned case, the defendant committed a sexual battery offense by using his finger to penetrate the unconscious victim.
Specifying the criteria for consent
Colleges in California are now required to create campus policies that define consent in terms of an even higher threshold (and therefore, what is considered rape). Partners should seek an affirmative “yes” (or non-verbal body language) that shows that sex is indeed consenting rather than just stopping if their partner says “no.”
A person who is excessively inebriated or who has already passed out cannot knowingly provide their consent. They can’t say no to stop it, but if they don’t know what they are doing, they also can’t say yes.
When you require legal counsel
Although breaking school rules can result in severe consequences for students (such expulsion or losing a scholarship), doing so is against California criminal law, which is what might land you in jail. In California, rape and sexual battery are both extremely serious offenses. You risk serving up to four years in state prison for sexual battery. You may spend eight years in prison for rape. You may be given a lengthier sentence if you used a gun or other lethal weapon.
Call 714-760-4088 or email dchambers@clfca.com if you are accused of rape or sexual assault in Southern California and require a free legal consultation with an experienced sex crimes attorney.
