When it comes to sex crime cases, consent is everything—and yet, it’s also one of the most commonly misunderstood aspects of California law. If you’ve been accused of a sex crime in Los Angeles, understanding how consent is legally defined—and how prosecutors use that definition—can make the difference between a conviction and an acquittal.
At Simmons & Wagner, we’ve seen both sides of the courtroom. As former Orange County District Attorneys, we bring an insider’s knowledge of how these cases are built and prosecuted. Now, as experienced sex defense lawyers in Los Angeles, CA, we use that knowledge to defend individuals accused of sexual misconduct, ensuring your rights are protected every step of the way.
How California Defines Consent
Under California Penal Code § 261.6, consent is defined as positive, affirmative, and voluntary agreement to engage in sexual activity. Importantly:
- Consent must be freely given and not coerced or manipulated
- Consent must be ongoing—it can be revoked at any time
- A person incapacitated by drugs, alcohol, or sleep cannot legally give consent
- Lack of physical resistance does not imply consent
In other words, silence or passivity isn’t consent. The law now requires clear communication, a shift reinforced by California’s adoption of “affirmative consent” standards, especially on college campuses.
Why These Laws Lead to Confusion
Many accusations arise not from malicious intent, but from a misunderstanding of what constitutes lawful consent. What one person may believe was a mutual encounter may be perceived very differently by the other party the next day. This gray area—fueled by alcohol, emotional dynamics, or unclear communication—can lead to devastating legal consequences.
Prosecutors often rely heavily on the alleged victim’s testimony, even when physical evidence is lacking. As former prosecutors ourselves, we know the tactics the state will use and how to challenge weak or inconsistent allegations.
Age of Consent in California
California’s age of consent is 18 years old. Anyone under 18 is legally unable to give consent to sexual activity, even if they say otherwise. This makes relationships with minors especially risky from a legal standpoint and could lead to charges such as statutory rape (Penal Code § 261.5), even in seemingly consensual situations.
If you’ve been accused of a crime involving a minor—even if it was an online interaction—it’s critical to contact a sex crime defense attorney immediately.
How a Sex Defense Lawyer in Los Angeles, CA Can Help
At Simmons & Wagner, we approach every case with precision, compassion, and an aggressive defense strategy. Our experience as former prosecutors gives us a deep understanding of:
- How to dissect inconsistent witness statements
- How to challenge biased or incomplete investigations
- How to educate the court and jury about the nuances of consent
We work with top-tier investigators, digital forensic experts, and psychologists to build a powerful defense that centers around your truth.
Accused of a Sex Crime? Don’t Wait. Call Simmons & Wagner Today.
Consent laws are complex—and a misunderstanding can change your life forever. If you’re under investigation or facing charges, your future depends on the legal team you choose.
Contact Simmons & Wagner today to speak directly with a seasoned sex defense lawyer in Los Angeles, CA. With our unique background as former Orange County prosecutors, we know exactly how to dismantle the case against you and fight for your freedom.