When Consent Is Impossible: Understanding the Law Behind Drug-Facilitated Sexual Assault in California

The charges against former USC doctoral student Sizhe Weng (Steven Weng), which were publicly announced on October 15, 2025, for alleged multiple drug-facilitated sexual assaults, have brought a crucial area of law into the spotlight. This case is a stark reminder that sexual consent must be active, knowing, and voluntary—and it cannot be given when a person is incapacitated by drugs or alcohol.

The legal framework for this case is governed by the California Penal Code (Cal. Penal Code), which treats these crimes with extreme severity.

1. The Core Legal Principle: Incapacitation Means No Consent

In California, any sexual act performed with a person who cannot legally consent is a felony offense. The charges against Weng—which include forcible rape, sodomy, and sexual penetration by controlled substance—specifically address acts committed when a victim is rendered helpless.

The most relevant statutes are:

Cal. Penal Code $\S 261(a)(3)$ (Rape): This law makes it a felony to have sexual intercourse with someone who is prevented from resisting by any intoxicating or controlled substance, provided the perpetrator knew, or reasonably should have known, of the victim’s condition. This is the law used to prosecute what is commonly known as "date rape."

Cal. Penal Code $\S 286(i)$ (Sodomy) and $\S 289(e)$ (Sexual Penetration): These parallel laws apply the exact same principle to acts of sodomy and other forms of sexual penetration (using a body part other than a penis or a foreign object).

The key takeaway is that the victim's ability to consent is nullified by the drug. The crime is complete the moment a sexual act occurs while the victim is in this incapacitated state.

2. Severe Consequences for Drug-Facilitated Assault

The seriousness of the eight felony counts filed against Sizhe Weng highlights the unforgiving nature of California's sentencing laws for these offenses. All of the crimes Weng is charged with are classified as felonies and are treated as violent felonies under the state's "Three Strikes" law.

If convicted, the legal consequences are severe and multifaceted:

Significant Prison Time: Each count of drug-facilitated rape, sodomy, or sexual penetration is individually punishable by a potential sentence of up to eight years in state prison.

Massive Total Sentence: Due to the sheer number of charges (eight felony counts involving multiple victims since 2021) and consecutive sentencing rules for sex crimes, Weng faces a possible total sentence of 25 years to life plus 56 years in state prison if convicted of all charges as filed.

Lifetime Sex Offender Registration: A conviction for any of these offenses mandates lifetime registration as a sex offender, as required by Cal. Penal Code $\S 290$.

No Bail Status: The seriousness of the alleged crimes led the court to order Weng be held without bail, ensuring he remains in custody pending trial.

Disclaimer: Sizhe Weng has pleaded not guilty to all charges and is presumed innocent unless and until proven guilty in a court of law.