Sexual Coercion Laws in California
California’s rape laws implicitly criminalize sexual coercion by explicitly listing duress, force, and menace as conditions that constitute an unconsented sexual interaction. Here is the definition of sexual coercion.
Sexual coercion is unwanted sexual activity that happens when an individual is pressured, tricked, threatened, or forced in a nonphysical way. Since the victim performs this act involuntarily, it goes against California’s definition of consent.
What is Considered Consent?
First and foremost, a person must be 18 years of age to give consent in California. If a minor gives consent, it will be invalid in the eyes of the court. Secondly, both parties must explicitly say yes to engage in sexual activity. This consent must be given freely and voluntarily. If an individual is performing acts because their partner wants them to and not because they want to, that individual is being sexually coerced and enduring unconsented sexual activity. Most importantly, both individuals must know what they are consenting to, and must be able to revoke their consent at any point during their sexual conduct. No means no, whether it be said at the start of their activity or towards the end of it.
How to Determine if Sexual Coercion is Occurring
Cases of sexual coercion may include:
- An individual with authority (boss, landlord, professor, etc.) over another person forcing them to commit sexual acts via threats or intimidation.
- This is considered sexual coercion because it goes against the definition of consent. If a person’s livelihood is being threatened by any individual with authority over them, that person is able to take their case to court and sue the individual for commiting sexual assault and/or harassment.
- An individual promising a person something in exchange for a sexual act. This could range from a necessity such as money needed for paying bills to appreciation and love.
- This forces an individual into a situation where they are performing an act because they are in need of something the other person can provide; thus, sexual coercion is occurring because the act is not happening freely or voluntarily.
- An individual threatening to leave their significant other if they do not perform the sexual acts for them.
- This is sexual coercion because it places an individual in a state of fear. A person is forced to perform the sexual acts asked of them for fear of losing their significant other. This goes against consent and creates an unequal power dynamic..
Less obvious cases of sexual coercion include:
- An individual constantly asking their significant other for sex or sexual acts.
- If an individual constantly needs to refuse a sexual request from their significant other, they are experiencing sexual coercion. California’s definition of consent requires a person to perform an act voluntarily and freely, with “no” being respected. If a significant other continues to ask or suggest a sexual act once their partner has already refused or stated that they are not comfortable with performing the act, then consent is not being respected. Sexual coercion is being used and has the repercussion of mentally wearing down the abused.
- An individual treating their significant other differently when they do not perform a sexual act that they asked.
- While an individual may not force their significant other via threats, they may force their partner to endure shifting moods. A significant other may end up performing the act not because they wish to, but because they hope to avoid negative feelings from their partner.
- An individual making their significant other feel guilty for not performing a sexual act.
- Similarly, when an individual causes their partner to feel guilt for not performing a requested sexual act, they are sexually coercing them. It makes the partner feel like the offender when they are actually the victim which causes the victim to attempt to appease their partner out of guilt.
Is a Sexual Coercion a Crime?
While California doesn’t specifically have a law criminalizing sexual coercion, consent is defined as requiring free will under Penal Code section 261.6. Therefore, sexual coercion is a crime in California if consent was given under duress, force, or menace.
An individual may be able to sue if they were:
- sexually coerced and performed an act involuntarily under (penal code section 261.6)
- if forced to perform a sexual activity against their will under (section 263.1)
- sexually coerced by their spouse (penal code section 262)
- a minor when the sexual interaction (section 261.5)
Common Phrases Used to Sexually Coerce
- If you do [] I will give you []
- If you don’t do [] I’ll break up with you
- But you said yes before
- If you really loved me you would do [] for me
- I’ll tell people [] if you don’t do []
- Just try [] once, other people do []
- Relax a bit, let’s have a few more drinks, and think about it again
What to Do If Sexually Coerced
If experiencing sexual coercion, an individual must try to remove themself from the situation as soon as possible. If the individual is afraid of being put in danger for attempting to leave, they should contact either 911 (if in immediate danger) or hotlines that can help them understand what they have been enduring and aid them in safely leaving their situation. If experiencing coercion in the workplace contact the EEOC and in a school setting contact the U.S. Department of Education. For sexual coercion cases concerning a landlord or renter contact the U.S. Department of Housing and Urban Development and for those concerning a spouse or significant other contact an attorney through Her Lawyer and get a free consultation.
If you or a loved one has been sexually coerced at school, work, in a relationship, or any other setting, get your free consultation with an experienced California attorney from Her Lawyer. We’re on your side.
FAQS
Can a spouse sexually coerce their husband/wife?
Sexual coercion can occur between married couples. A study from 2002 found that 24% of women had unwanted sex with their significant other in exchange for their partner giving them/spending money on them, 26% of women had been consistently begged and worn down by their husband, and 43% of women had been made to feel that it was their duty as a significant other. There is a continued prevalence of sexual coercion that occurs along with domestic violence within marriages to this day. If an individual feels they are being sexually coerced they should seek help and can consider speaking to a divorce lawyer.
What are legal actions that I can take against an individual who sexually coerced me?
A victim of sexual coercion can file a restraining order and contact a lawyer to sue the offender for sexual harassment and/or assault.
Related: Restraining Orders in California
What if you don’t report sexual coercion or take action as soon as it happens?
It may take time for individuals to realize they are victims of sexual coercion. Trauma is common amongst those who have experienced sexual coercion and it may also delay action. Once the victim is ready, willing, and feels safe to take action, they may proceed with doing so.
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If you or a loved one would like to know more about sexual coercion in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal issue. Get your free consultation with one of our experienced attorneys in California today!