261ara-286 -

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.

The designation combines two significant sections of the California Penal Code : 261ARA-286

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