Consensual Sex? California Law…..?
Question by sanfranchik2: Consensual sex? California Law…..?
this question is for people who know california law, so please don’t try to answer based on what you THINK….rather I need an answer from someone/anyone who knows criminal law in California.
suppose a woman is living in a domestic relationship with a guy who does drugs, and is on occasion physically abusive when they argue….which is generally about his drug abuse. one night, while away from home and in a hotel room, the couple gets into yet an argument (because he’s on meth), which ends with him physically battering her. the next day, he wants her to have sex with him, and she tells him she does not want to have sex with him PERIOD. he then explains that he will not take her home, will not let her leave until she has sex with him, and she reiterates that she does not want sex. he continues to refuse to take her home (so she can go to work later that day) until she complies. she finally gives in, though she is crying and does not want to have sex. she realizes he has given her no option if she wants to go home for work and not jeopardize her employment, so she gives in to his demands for sex.
my question is this: did the man commit a crime, and what is the statute of limitations on a crime like this if it is in fact a crime.
this is for a school project, so please give answers as pertain to california law.
i guess what i’m having a problem understanding is the consensual aspect. the woman made it clear she DID NOT want sex. she only had sex because he coerced her with of fear of reprisal (something she’d come to expect, due to his abusive nature) and out of fear that she would lose her job due to “no show” doesn’t this make it non consensual, therefore rape?
more details. There is also the couple’s infant child in the room and the man will not let the woman pick up a phone to call ANYONE (police or friend) and as past experience would leave her to believe, he would not let her go anywhere until she had given him what he wanted….no taking the bus, no calling a cab. For those of you who give negative answers, please refrain. i don’t need answers from people who watch law and order, or from people who only see a YATS….young and totally stupid person. this is a real scenario my professor asked of us.
Best answer:
Answer by murdered_em
didnt break a law basically..
Know better? Leave your own answer in the comments!
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