Rape (by Force, Fear, etc)
Rape is an act of sexual intercourse accomplished with a person who is not the perpetrator's spouse if:
1) The person is incapable (due to mental disorder) to give consent;
2) it accomplished against the person’s will by means of force, violence, duress or fear of immediate and unlawful bodily injury;
3) Or where the person is intoxicated or unconscious and could not resist and the perpetrator new this.
Due to its rather violent nature rape is considered a violent felony and a strike for the purposes of California's Three Strike laws. One convicted of rape could face up to 8 years in prison and will have to register under P.C. 290.2) it accomplished against the person’s will by means of force, violence, duress or fear of immediate and unlawful bodily injury;
3) Or where the person is intoxicated or unconscious and could not resist and the perpetrator new this.