When does a young person have the mental capacity to assume the risks of sexual intercourse and consent to that type of interaction? When does an age gap become a power differential that can be exploited to coerce a sexual relationship? These are the questions lawmakers grapple with in determining the laws regarding the age of consent in California.Ĭalifornia PC 261.6 broadly defines consent as “positive cooperation in act or attitude pursuant to an exercise of free will.” By law, “The person must act freely and voluntarily and have knowledge of the nature of the act.” It doesn’t matter whether the pair were dating or married at the time.