Both partners must be of legal age to give consent, although exceptions to the age of consent law exist in some jurisdictions when the minor and his or her partner are within a certain number of years in age or when a minor is married to his/her partner.
Note the following definitions under California law: Rape, which includes acquaintance rape: California Penal Code Section 261.(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. These laws are situational and are subject to interpretation. Sexual relations which occur between adults and teenagers under 18 are left in a legal gray area: laws against corruption of minors as well as estupro laws can be applied to such acts, at the discretion of the prosecution.