CA SB258

Removes the spousal exception from California's definition of rape, meaning a person can now be charged with rape against their spouse when the victim is incapable of giving legal consent due to a mental disorder or developmental or physical disability

Previously, this specific circumstance (sexual intercourse with a person incapable of consent due to disability) only applied to non-spouses; the amendment extends protection to married individuals

Expands the scope of existing rape law under Penal Code Section 261 without changing other elements of the crime, such as rape by force, intoxication, unconsciousness, fraud, or threats

No state reimbursement to local agencies is required because the fiscal impact results solely from expanding the definition of a crime

Approved by Governor on October 11, 2025