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Under California law, rape is an act of sexual intercourse against the will of the victim that can occur under a variety of circumstances, including when:
***Consent can be withdrawn at ANY TIME during a sexual act. If one partner withdraws consent and the other continues, this is RAPE!
Acquaintance rape and date rape are terms used by society to differentiate between stranger rape and rape between acquaintances. These are not legal terms; therefore, the rape law applies in the same manner whether or not the rapist is known by the victim.
Rape is punishable by imprisonment in the state prison for three, six, or eight years.
**Sexual assault is basically the umbrella term for all forms of sexual violence.
Sexual battery is a misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.