Consent Laws in California
February 18, 2025 | Ahmed & Sukaram, Criminal Defense Attorneys
Consent is an important factor in sexual relationships, especially when one of the parties accuses the other party of sex crimes. Understanding consent laws in California is crucial for protecting yourself when engaging in sexual conduct. Ensuring you have consent when engaging in sex can help you if someone accuses you of statutory rape, rape, or other sex crimes.
Overview of Consent Laws in California
Regarding sexual conduct, consent occurs when someone gives their voluntary permission or agreement to engage in sexual activities. The person must have the capacity to give consent, and it must be given freely.
Many people associate consent with the age of consent for sexual conduct. However, consent also applies to adults who have sexual relations. Let’s look at each type of consent individual for a better understanding of consent laws in California.
What Is the Age of Consent in California?
Minors are individuals under the age of 18 years old. A minor in California cannot consent to sexual conduct with an adult. Even if a minor says they want to have sex with an adult, the adult can still be charged with statutory rape.
What Is Statutory Rape in California?
Statutory rape occurs when an adult (someone over 18 years old) has sex with a minor. Statutory rape is a wobbler offense. You can be charged with a felony or misdemeanor for statutory rape. The penalties for statutory rape can include up to four years in prison.
An experienced Redwood City sex crimes lawyer can help you explore potential defenses to statutory rape, including:
- The accuser made false accusations
- Good faith belief the other person was over 18 years old
- You did not have sexual intercourse
- The parties are legally married
Teenagers and parents need to know that California does not have Romeo and Juliet laws. Some states make exceptions for statutory rape if the parties are close in age. For example, a 16-year-old having sex with a 15-year-old or an 18-year-old having sex with a 17-year-old.
However, California statutory rape laws do not have “close in age” exceptions. Therefore, two 17-year-olds having consensual sex could still face statutory rape charges. Likewise, if an 18-year-old engages in sex with a 17-year-old, they could be charged with statutory rape.
California Consent Laws – “Yes Means Yes”
An individual can only give consent to sexual activities if they are over 18 years old, freely and willingly give consent, and understand the nature of the act.
In 2015, California passed a law that required sex education in schools to include a “yes means yes” standard for giving consent. Today, the affirmative consent standard is used when schools investigate the validity of sexual crimes claims.
The affirmative consent standard encourages people to obtain verbal confirmation at some point in the process of a sexual encounter. They should not assume their partner is ready for and wants to engage in sexual activities.
Consent cannot be given if the person is too impaired to understand the nature of the act. A person may be impaired because of a mental condition or the use of drugs and/or alcohol. Someone who is unconscious cannot give their legal consent to have sex.
Penalties for Sex Crimes in Redwood City, CA
The penalties for sex crimes can be severe. The circumstances of the crime impact the severity of the punishment. For example, aggravating factors can enhance the punishment, such as when the victim is a minor or incapacitated person, using a weapon to commit the crime, or causing the victim to sustain physical injuries.
The criminal penalties for sex crimes include:
- Incarceration in state prison or county jail
- Fines, fees, and restitution
- Probation and/or supervised parole
- Community service
- Sex offender registration
- Court-ordered rehabilitation, counseling, and/or treatment
A person convicted of a sex crime may also face multiple collateral consequences, including. A sex crimes conviction could result in:
- Losing child custody
- Immigration problems and deportation
- Loss of professional licenses
- Difficulty finding employment and/or housing
- Loss of the right to own or possess firearms
- Damage to professional and personal reputation
A criminal record can have long-term consequences on your life. If you are convicted of another crime, a prior criminal history could impact the severity of your sentence for the new charges.
Learn More About Sex Crimes in California During a Free Consultation
If you are charged with a sex crime, you may face substantial fines and lengthy prison sentences. Contact Ahmed & Sukaram Criminal Defense Attorneys for a free consultation to discuss your case with a Redwood City criminal defense lawyer.
Contact our Sex Crimes Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500