AB 29, as amended, Campos. Civil actions: defenses: unlawful sexual intercourse.
Existing law prohibits a person from engaging in unlawful sexual intercourse, as defined, with a minor and prescribes punishments for unlawful sexual intercourse. Existing law makes a person who commits sexual battery, as provided, liable for specified damages. Existing law establishes the defense of consent in civil actions.
This bill would prohibit, in any civil action involving sexualbegin delete intercourse betweenend deletebegin insert battery byend insert an adultbegin delete andend deletebegin insert ofend insert a minor, as defined, the defense
that the minor consented to the sexualbegin delete intercourse.end deletebegin insert
battery if the adult is in a position of trust, authority, or supervision, or acts as a caretaker, in relation to the minor. The bill would also provide that the minor’s consent does not mitigate damages in these circumstances.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1708.5.5 is added to the Civil Code, to
2read:
(a) For the purposes of this section, the following
2definitions shall apply:
3(1) “Adult” means a person who is at least 18 years of age.
4(2) “Minor” means a person who is under 18 years of age.
5(b) Notwithstanding Section 3515, in any civil action involving
6sexualbegin delete intercourse
betweenend delete
7byend insert an adultbegin delete andend deletebegin insert ofend insert a minor, it shall not be a defensebegin delete thatend deletebegin insert that, nor
8mitigate damages if,end insert the minor consented to the sexualbegin delete intercourse.end delete
9begin insert battery if the adult is in a position of trust, authority, or
10supervision, or acts as a caretaker, in relation to the minor.end insert
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