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For example, if she's legally drunk some state may simply say that consent cannot be granted - a not-unreasonable outgrowth of drugged/date-rape issues. In that case, even if she said Yes! it's still nonconsensual and that element of the statute is met (in other words, don't assume "legally nonconsensual" means without her permission).




This is one aspect that it looks like was covered under 289(a) but is now a wholly separate charge--I believe 289(a)(2).

For the record, however, 289(a) also included sexually assaulting a person that a judge finds did not or could not give consent because they are mentally retarded.

What were the other charges associated with it? I know there were some, because it's a bullshit case when a DA only has this alone. Those also aren't as face-value as they may seem: in some states, "kidnapping" means moving a person against their will as little as five feet. But as a rule I don't look at the best case scenario for more than one charge unless I'm being paid to be outraged by such a travesty of justice.
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