Legal Question in Criminal Law in California

What exactly qualifies as rape under California law?


Asked on 2/21/17, 7:58 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Any form of sex after the woman says 'stop' or 'no', before OR during sex. Any form of 'un-consented' sex, such as with an 'our of it', drunk, drugged, passed out, or unconscious woman, i.e. not capable of giving informed consent. Any form of sex obtained through force, fear, coercion, etc. Any form of sex when the woman later says it was not consented!

All disputes will be resolved by the 'credibility' of the stories and any 'evidence' available. Human nature bias is normally to favor the woman's story, not the man's, in the usual 'he said / she said' situation without other evidence.

The same rules apply to men claiming rape, but believability and credibility are even more critical in that case.

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Answered on 2/22/17, 1:27 pm


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