Let’s look at the basic California rape laws with which some of us may already be familiar by way of popular notions of ‘what rape is’.
Penal Code sections 261 and 262 generally define rape as non-consensual sexual intercourse in various conditions, including but not limited to: Penal Code section 263 elaborates that “the essential guilt of rape consists in the outrage to the person and feelings of the victim of the rape.
According to the Human Sex Trafficking Resource Center, a national database that tracks reports of juveniles forced into trafficking, as of June of this year more than 2,100 calls have come in to law enforcement regarding sex trafficking of minors.
Jerry Brown signed six separate bills into law that essentially treat those who've been involved in prostitution as victims, rather than criminals."Housing them at juvenile hall does nothing to begin to rebuild their sense of self,” said Mitchell."They're victims of sexual assault, they've been preyed upon by adults and they should not be charged with something that's going to remain in their record for the rest of their lives,” said Hassett, who added that she believes it’s an issue that needed to be addressed.More controversial still may be Penal Code section 263’s arguably vague definition of rape, hinging the crime on “feelings” of “outrage” experienced by the victim.Then, Penal Code section 261.6’s notions of “positive cooperation” and “knowledge of the nature of the act” may cause particular problems to otherwise well-intentioned sex partners who are experimenting in the bedroom, lovers with a sex partner who prefers a more submissive or less expressive sexual role, and other imaginable issues that test the borders of what “positive cooperation” and “knowledge of the nature of the act” really mean or could mean to a jury deciding your guilt or innocence when something has gone wrong between you and your sex partner, even if it’s months after the relationship is over and has nothing to do with the sex act in question itself.If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney.