These laws are situational and are subject to interpretation.
Sexual relations which occur between adults and teenagers under 18 are left in a legal gray area: laws against corruption of minors as well as estupro laws can be applied to such acts, at the discretion of the prosecution.
(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: (1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.
(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
The ages of consent in North America for sexual activity vary by jurisdiction. The below is a list of all jurisdictions in North America as listed in List of sovereign states and dependent territories in North America.
In some places, civil and criminal laws within the same state conflict with each other.It is important that all employees understand that certain policy violations may also be a crime under California law.Note the following definitions under California law: Rape, which includes acquaintance rape: California Penal Code Section 261.(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused.