California broadly defines rape as any non-consensual sexual intercourse that involves the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation.

Generally, sexual assaults includes any unwanted physical sexual contact. Physical contact is unwanted if the victim “says no,” physically objects, or was not able to give consent due to mental incapacitation.

There are a variety of rape related crimes that are able to fall under what California defines as rape.

Spousal Rape

Occurs when one spouse forces the other spouse to have sexual contact without their consent. It can be accomplished under any of the following circumstances:

• Where it is accomplished against a person’s will by means of force, violence, or fear of immediate and unlawful bodily injury.
• Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance.
• Where a person is at the time unconscious of the nature of the act, and this is known to the accused.
• Where the act is accomplished against the victims will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat.
• Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another.

California Penal Code 262 PC

Date Rape

The term “date rape” is commonly used to describe nonconsensual sexual intercourse between people who are either acquaintances or are in dating situations.

According the California rape law, date rape can be defined by  an act of sexual intercourse accomplished with a person not

the spouse of the perpetrator, under any of the following circumstances:

• Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known to the person committing the act.
• Where it is accomplished against a person’s will by means of force, threat, or fear of immediate and unlawful bodily injury on the person or another.
• Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
• Where a person is at the time unconscious of the nature of the act, and this is known to the accused.
• Where the act is accomplished against the victims will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat.
• Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another.

Oral Copulation by Force

Any contact, no matter how slight, between the mouth of one person and the sexual organ of another person, penetration is not required.

• The act is accomplished against the victims will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat.