261ara-286 -

The designation combines two significant sections of the California Penal Code :

Specifically, this often refers to instances where a victim is deemed incapable of giving legal consent. This can be due to a mental disorder, developmental disability, or physical disability that is known (or should be known) to the perpetrator.

Arguing that the physical contact required for the legal definition of the crime did not occur. Consent: Proving the act was consensual between two adults.