Types of sexual assault

Defined

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:

1. Rape: This refers to nonconsensual sexual intercourse, which can be accomplished by force, threats, or other forms of coercion.
2. Spousal rape: This refers to rape that is committed by a person's spouse or domestic partner.
3. Statutory rape: This refers to sexual activity with a person who is under the age of consent, which is 18 in California.
4. Sexual battery: This refers to nonconsensual touching of another person's intimate parts (such as their genitalia, anus, or breasts) for the purpose of sexual gratification.
5. Child molestation: This refers to sexual activity with a child, including any form of sexual contact or penetration.
   

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

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 It's important to remember that consent must be ongoing and can be withdrawn at any time.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.