Q: Legal consequences of lying about marital status for consent.

A: Under California law, lying about marital status to obtain sexual consent operates in a legal gray area that courts have addressed inconsistently. While California Penal Code generally does not explicitly criminalize obtaining consent through misrepresentation of marital status as sexual assault, some prosecutors have pursued charges under broader fraud provisions. The legal theory stems from the principle that consent obtained through material deception may be considered invalid in specific circumstances.

When examining fraud in the inducement versus fraud in the factum, California courts have historically distinguished between lies that merely persuade someone to consent (inducement) and lies about the fundamental nature of the act itself (factum). Most misrepresentations about marital status fall under fraud in the inducement, which traditionally has not vitiated consent for criminal prosecution purposes. However, civil remedies remain more accessible, with potential causes of action including intentional infliction of emotional distress, fraud, or in some cases, civil battery if the court determines the deception invalidated meaningful consent.

The legal landscape continues to evolve as societal understanding of consent deepens, with some recent California cases expanding the definition of fraud that can invalidate consent. When advising clients on these matters, detailed analysis of the specific circumstances is crucial, as the exact nature of the misrepresentation, its materiality to consent, and documented harm all factor significantly into potential liability exposure. You should document all relevant communications and consult with qualified counsel promptly, as both criminal and civil statutes of limitations apply to these actions.