What Role Does Consent Play in Your California Sex Crime Charge?
Sex crimes in California are prosecuted with vigor, and the penalties of a conviction can be life-changing; if you’re charged with any sex crime, obtaining immediate, professional, and highly experienced legal advice is mandatory. That said, consent by both parties can be a critical factor in distinguishing lawful sexual acts from unlawful ones. However, under California laws, consent must be affirmative, of conscious intent, and voluntary to use it as a defense in a sex crimes case such as date rape. Alternatively, any type of sexual act that occurs without mutual agreement is non-consensual and may be considered a crime.
In California, the legal principles under which a sex crime may be committed are straightforward. If either person doesn’t agree to the sexual act or is incapable of deciding, then the sex act can be considered unlawful. California law enforcement and the courts take sex crimes exceptionally seriously, and their intent is always to protect individuals from situations involving coercion or abuse.
Therefore, consent, if it is to be used as a defense, requires clear and affirmative agreement between both parties involved in the sexual act. If one party is silent or doesn’t resist, the police and the court do not equate these actions to mean consent. This legal principle is mandated in California’s “Yes Means Yes” law (SB 967), which introduced the concept of affirmative consent and was enacted in 2014. The law requires an explicit and clear “yes” from both parties before all sexual encounters. The law attempts to eliminate the idea of misunderstanding silence (or no resistance) as consent and as a legal defense.
What Does Affirmative Consent Mean in California, and Can It Help Me?
The law adheres to a positive affirmative consent standard in California, especially in specific contexts such as college campuses, nightclubs, etc. This standard is clear and emphasizes that all the people involved must clearly agree to engage in any sexual activity. If you are charged with a sex crime, such as date rape, etc., the prosecution must prove that the victim did not verbalize or otherwise make it clear that they didn’t want to engage in sexual activity. If the tenets of the “yes means yes” law are adhered to, consent can be used as a strategic and sound defense.
Once again, though, under this standard, two points absolutely must be adhered to:
- It does not constitute consent if the victim is silent or doesn’t resist. Consent must be verbalized or specified by actions that clearly demonstrate an agreement to participate.
- The consent must be ongoing and can always be withdrawn at any time. Even if consent was given at first, it can be withdrawn at any time during the sexual encounter. Once it is withdrawn, any further activity may be considered non-consensual, and you may be charged with a sex charge such as rape, etc.
Affirmative consent is not directly mandated in California’s Penal Code, making it somewhat legally vague. However, it reflects the general societal and legal expectations surrounding the accurate idea of consent.
Your experienced and knowledgeable criminal defense lawyer will explain that this standard is referenced in many sex crime cases. This fact is especially true in scenarios involving colleges or when determining whether an explicit agreement was made. In your unique case, your criminal defense lawyer’s skill, expertise, and experience will be critical in using this strategy to craft a defense and effectively address any allegations.
Are There Circumstances Where Consent Cannot Be Used as a Defense?
In California, consent is not a valid defense under certain circumstances where the law acknowledges that the alleged victim cannot provide voluntary agreement.
Just some of these circumstances include:
- If the alleged victim is Incapacitated – If the victim was unconscious, asleep, or impaired by drugs or alcohol and was not able to make a rational decision, their consent, even if valid, usually is not admissible under the law. Therefore, you can be charged with a sex crime in this type of situation.
- If any coercion or physical force was used – Consent obtained using threats, physical force, or intimidation will not be valid. If the victim agrees to sexual activity under duress or fear of harm, the court does not recognize it as legitimate consent.
- The age of consent – California’s legal age of consent is 18. So, even if the victim is under 18 and verbally agrees to sexual activity, their consent is not valid in court. Usually, you will be charged with statutory rape charges, regardless of the minor’s willingness.
The above are only a few exceptions where consent cannot even be considered a valid defense. If any apply to you and your case, the sooner you obtain the advice of qualified and highly experienced criminal defense sex crimes counsel, the better your chances of staying out of jail.
What Are Some Key Legal Strategies When Using a Consent Defense?
It may seem legally simple, but whenever consent is used as a strategic criminal defense, the experience and diligence of your criminal defense lawyer are critical to making this consent defense work.
Using the consent defense in a California sex crime case requires a thorough and strategic analysis of the evidence to be effective.
Some of the main strategies may include:
- Eyewitness testimony – Statements from you, as the accused and the alleged victim, are critical in establishing consent. Additionally, testimony from any third-party witnesses at the scene who observed interactions involving the incident can also provide context or refute claims of non-consensual sexual activity.
- Text messages, communications, and social media – All digital communications, including text messages, emails, social media interactions, and more, can provide credible evidence to demonstrate mutual agreement or consent. This data can prove that the alleged victim consented to the sexual activity or that their claims of coercion or force are not consistent with prior actions or communications.
- Physical evidence at the scene, etc. – Documents such as medical reports, videos, photos, etc., can be used to challenge allegations of force, coercion, or non-consent.
You must note that employing consent as a defense for a sexually related charge is legally challenging. It requires a methodical and highly detailed review of all evidence and a professional and thoughtful presentation in court. Your well-versed, experienced criminal defense lawyer will gather, thoroughly analyze, and strategically draft a defense that demonstrates that the sexual activity was consensual and refutes the claims of the prosecution.
I Need a Defense in a Consent-Related Sexual Criminal Charge; How Should I Proceed?
In California, any sex crime allegations involving disputes over consent have dire and possibly life-changing consequences. The penalties may include prison time, mandatory registration as a sex offender, and lasting damage to your reputation, your career, relationships, and your future. If you are facing these charges, time is not on your side, and you must act quickly and secure experienced, communicative, highly personalized, and passionate legal representation.
The Law Office of Scott Henry has decades of successfully representing Orange County clients in combating sexually related charges, including those involving consent. They will provide you with the diligent, empathetic, and personalized professional representation you must have during this critical and stressful time. Call them today at 714-294-0599 for a free consultation on your unique case. Be assured that these trial-hardened lawyers will always be on your side to protect your rights and freedom.
