California Law (Last Updated: March 4, 2014) |
Penal Code - PEN |
Part 1. OF CRIMES AND PUNISHMENTS |
Title 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS |
Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction |
Section 261.7.
Latest version.
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In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent.
(Amended by Stats. 1995, Ch. 177, Sec. 1. Effective January 1, 1996.)