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CaliforniaSB 2582025-2026 Regular SessionSenate

Crimes: rape.

Sponsored By: Sabrina Cervantes (Democratic), Susan Rubio (Democratic), Aisha Wahab (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Clear consent rules for disability

Sex is rape when a person cannot legally consent because of a mental disorder or a developmental or physical disability, and the accused knew or should have known. A disability alone does not prove incapacity; the prosecutor must prove the disability made the person unable to consent. A person is incapable if they cannot understand the nature of the act or cannot act freely and voluntarily because of the disability. Courts and prosecutors must consider any mitigating measures and voluntary supports the person used.

Stronger consent rules and no spousal exemption

The law removes the spousal exception: rape can be committed by a spouse. Sex is rape when done against a person's will by force, violence, duress, menace, or fear of immediate unlawful injury. It is also rape if the victim cannot resist because of drugs, anesthesia, or other intoxicants, and the accused knew or should have known. It covers cases where the person was asleep or unaware, or was tricked about the act or a supposed professional purpose, and when submission came from identity deception or future threats likely to be carried out, like kidnapping or extreme harm. Threats to use arrest, jail, or deportation powers also count if the victim reasonably believes the person is a public official, and duress and menace mean threats that coerce a reasonable person or show intent to harm.

Sponsors & Cosponsors

Sponsors

  • Sabrina Cervantes

    Democratic • Senate

  • Susan Rubio

    Democratic • Senate

  • Aisha Wahab

    Democratic • Senate

Cosponsors

  • Cecilia Aguiar-Curry

    Democratic • House

  • Patrick Ahrens

    Democratic • House

  • Juan Alanis

    Republican • House

  • Angelique Ashby

    Democratic • Senate

  • Blanca Blanca Rubio

    Democratic • House

  • Tasha Boerner

    Democratic • House

  • Anna Caballero

    Democratic • Senate

  • Dave Cortese

    Democratic • Senate

  • Timothy Grayson

    Democratic • Senate

  • Melissa Hurtado

    Democratic • Senate

  • Jerry McNerney

    Democratic • Senate

  • Michelle Michelle Rodriguez

    Democratic • House

  • Blanca Pacheco

    Democratic • House

  • Cottie Petrie-Norris

    Democratic • House

  • Sharon Quirk-Silva

    Democratic • House

  • Laura Richardson

    Democratic • Senate

  • Catherine Stefani

    Democratic • House

  • Akilah Weber Pierson

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 191 • No: 0

Senate vote • 9/12/2025

Item 90 — Senate SFLOOR

Yes: 38 • No: 0

House vote • 9/11/2025

Item 104 — Assembly AFLOOR

Yes: 77 • No: 0

legislature vote • 8/29/2025

Vote in CX25

Yes: 11 • No: 0

legislature vote • 7/15/2025

Vote in CX18

Yes: 9 • No: 0

Senate vote • 6/2/2025

Item 89 — Senate SFLOOR

Yes: 37 • No: 0

legislature vote • 5/23/2025

Vote in CS61

Yes: 6 • No: 0

legislature vote • 5/12/2025

Vote in CS61

Yes: 7 • No: 0

legislature vote • 4/29/2025

Vote in CS72

Yes: 6 • No: 0

Actions Timeline

  1. Chaptered by Secretary of State. Chapter 599, Statutes of 2025.

    10/11/2025Senate

  2. Approved by the Governor.

    10/11/2025legislature

  3. Enrolled and presented to the Governor at 2 p.m.

    9/23/2025legislature

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2967.) Ordered to engrossing and enrolling.

    9/12/2025Senate

  5. In Senate. Concurrence in Assembly amendments pending.

    9/12/2025Senate

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 3279.) Ordered to the Senate.

    9/11/2025House

  7. Read second time. Ordered to third reading.

    9/3/2025House

  8. Read second time and amended. Ordered to second reading.

    9/2/2025House

  9. From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).

    8/29/2025House

  10. August 20 set for first hearing. Placed on APPR. suspense file.

    8/20/2025House

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 15). Re-referred to Com. on APPR.

    7/16/2025House

  12. Coauthors revised.

    7/16/2025House

  13. Referred to Com. on PUB. S.

    6/9/2025House

  14. In Assembly. Read first time. Held at Desk.

    6/3/2025House

  15. Read third time. Passed. (Ayes 37. Noes 0. Page 1391.) Ordered to the Assembly.

    6/2/2025Senate

  16. Read second time. Ordered to third reading.

    5/23/2025Senate

  17. From committee: Do pass. (Ayes 6. Noes 0. Page 1193.) (May 23).

    5/23/2025Senate

  18. Set for hearing May 23.

    5/16/2025Senate

  19. May 12 hearing: Placed on APPR. suspense file.

    5/12/2025Senate

  20. Set for hearing May 12.

    5/2/2025Senate

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

    5/1/2025Senate

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 944.) (April 29). Re-referred to Com. on APPR.

    4/30/2025Senate

  23. Set for hearing April 29.

    4/11/2025Senate

  24. Referred to Com. on PUB. S.

    2/14/2025Senate

  25. From printer. May be acted upon on or after March 6.

    2/4/2025Senate

Bill Text

  • Chaptered

    10/11/2025

    HTML

  • Enrolled

    9/17/2025

    HTML

  • Amended Assembly

    9/2/2025

    HTML

  • Amended Senate

    5/1/2025

    HTML

  • Introduced

    2/3/2025

    HTML

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