En Español
National Domestic Violence Hotline: 1-800-799-SAFE (7233) or (TTY) 1-800-787-3224

Legal Statutes: California

UPDATED April 11, 2017

Back to California overview

Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction

back to top261.6. Consent; current or previous dating or marital relationship; admissibility of evidence or burden of proof

In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, “consent” shall be defined to mean positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.

A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution under Section 261, 262, 286, 288a, or 289.

Nothing in this section shall affect the admissibility of evidence or the burden of proof on the issue of consent.
(Added by Stats.1982, c. 1111, p. 4025, § 3. Amended by Stats.1990, c. 271 (A.B.2631), § 1; Stats.1994, c. 1188 (S.B.59), § 1.)