In California, sexual assault is generally defined as any nonconsensual sexual activity, including rape, fondling, and unwanted sexual touching. There are several specific types of sexual assault that are recognized under California law (PC 243.4), including:
It's important to note that these are just a few examples of the types of sexual assault that are recognized under California law. If you have been a victim of sexual assault, it's important to seek help and support as soon as possible.
Consent is a freely given agreement to engage in sexual activity. In California, consent is defined as an affirmative, conscious, and voluntary agreement to engage in sexual activity. This means that a person must willingly agree to participate in sexual activity, and must be able to understand the nature of the activity and the possible consequences of their agreement.
There are several factors that can affect a person's ability to give consent, including their age, mental capacity, and the presence of any drugs or alcohol. For example, a person who is under the age of 18 is considered a minor and is not legally able to give consent to sexual activity.
Similarly, a person who is severely intoxicated or incapacitated may not be able to give consent. It's important to remember that consent must be ongoing and can be withdrawn at any time. If a person changes their mind about engaging in sexual activity, it is the responsibility of their partner to respect their decision and stop the activity immediately. If you have any questions about consent or need more information, it's a good idea to speak with a qualified attorney or seek help from a local sexual assault support center.
Regardless of the classification of the offense, it is important that you seek the assistance of competent legal counsel to help you best understand your legal defense while identifying an outcome that best minimizes your risk. We here at the H Law Group patiently await your call.