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Some sexual conduct, while consensual, may be reportable due to the nature of the conduct.As previously mentioned, Penal Code section 11165.1 includes oral copulation and anal sex (sodomy) in the definition of sexual assault, without making allowances for the ages of the persons involved in the conduct.It is important that all employees understand that certain policy violations may also be a crime under California law.Note the following definitions under California law: Rape, which includes acquaintance rape: California Penal Code Section 261.
It is very common for teenagers to date, and these days, it is also common for that dating to lead to further experiences.As used in this paragraph,”unconscious of the nature of the act” means incapable of resisting because the victim meets any one of the following conditions: (A) Was unconscious or asleep.(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.As a result, two 16-year-olds could engage in consensual sexual intercourse, and it would not be reportable as child abuse.However, oral sex between the same 16-year-olds would call for a report. Consensual oral copulation and anal sex involving minors is reportable.