Crimes: rape.

Crime Education

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Wahab (S) , Cervantes (S) , Rubio
Last action: 2025-10-11
Official status: Chaptered by Secretary of State. Chapter 599, Statutes of 2025.
Effective date: Not listed

Plain English Breakdown

The exact date when the new rules start is not specified in the provided source material.

Rape Laws in California

This law changes the definition of rape to remove an exception for spouses.

What This Bill Does

Changes the legal definition of rape by removing a rule that says it's not rape if the victim is married to the attacker and unable to give consent due to mental or physical reasons.

Who It Names or Affects

People in California who might be charged with rape.
Victims of sexual assault in marriages where one partner cannot legally agree to sex because they are mentally ill, disabled, or physically unable to understand.

Terms To Know

Spousal exception: A rule that says something is not considered a crime if it happens between married people.
Legal consent: Agreement to do something, given freely and with full understanding of what you are agreeing to.

Limits and Unknowns

Doesn't specify how the new law will be enforced or if there will be additional training for police or judges.
The exact date when the new rules start is not provided in the source text.

Bill History

2025-10-11 California Legislative Information
Chaptered by Secretary of State. Chapter 599, Statutes of 2025.
2025-10-11 California Legislative Information
Approved by the Governor.
2025-09-23 California Legislative Information
Enrolled and presented to the Governor at 2 p.m.
2025-09-12 California Legislative Information
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2967.) Ordered to engrossing and enrolling.
2025-09-12 California Legislative Information
In Senate. Concurrence in Assembly amendments pending.
2025-09-11 California Legislative Information
Read third time. Passed. (Ayes 77. Noes 0. Page 3279.) Ordered to the Senate.
2025-09-03 California Legislative Information
Read second time. Ordered to third reading.
2025-09-02 California Legislative Information
Read second time and amended. Ordered to second reading.
2025-08-29 California Legislative Information
From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).
2025-08-20 California Legislative Information
August 20 set for first hearing. Placed on APPR. suspense file.
2025-07-16 California Legislative Information
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 15). Re-referred to Com. on APPR.
2025-07-16 California Legislative Information
Coauthors revised.
2025-06-09 California Legislative Information
Referred to Com. on PUB. S.
2025-06-03 California Legislative Information
In Assembly. Read first time. Held at Desk.
2025-06-02 California Legislative Information
Read third time. Passed. (Ayes 37. Noes 0. Page 1391.) Ordered to the Assembly.
2025-05-23 California Legislative Information
Read second time. Ordered to third reading.
2025-05-23 California Legislative Information
From committee: Do pass. (Ayes 6. Noes 0. Page 1193.) (May 23).
2025-05-16 California Legislative Information
Set for hearing May 23.
2025-05-12 California Legislative Information
May 12 hearing: Placed on APPR. suspense file.
2025-05-02 California Legislative Information
Set for hearing May 12.
2025-05-01 California Legislative Information
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
2025-04-30 California Legislative Information
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.
2025-04-11 California Legislative Information
Set for hearing April 29.
2025-02-14 California Legislative Information
Referred to Com. on PUB. S.
2025-02-04 California Legislative Information
From printer. May be acted upon on or after March 6.
2025-02-03 California Legislative Information
Introduced. Read first time. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 258, Wahab.
Crimes: rape.
Existing law defines rape as an act of sexual intercourse accomplished under certain circumstances, including with a person not the spouse of the perpetrator where the person is incapable of giving legal consent because of a mental disorder or developmental or physical disability.
This bill would remove the spousal exception from this definition of rape.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is
required by this act for a specified reason.

Current Bill Text

Read the full stored bill text

Download Bill PDF