“ In People v. Stratton (1904) 141 Cal. 604 [75 P. 166] (Stratton) , we extended this reasoning to the crime of incest. In rejecting the defendant's assertion that incest requires the consent of both individuals engaging in the act, we stated in dictum: "If the prosecutrix, being of the legal age of consent, consents to the incestuous intercourse, unquestionably she is particeps criminis, and her testimony, like that of any other accomplice, uncorroborated, is insufficient to uphold a conviction. ”

“ For these reasons, the majority opinion errs in concluding the Legislature has abrogated the rule that a minor cannot give legal consent to sexual intercourse. The rationale underlying Stoll and its progeny remains valid and has not been undermined by the 1970 amendment to section 261. Therefore, although I join the majority's decision to adhere to Stoll's holding that a minor cannot be an accomplice to the crime of incest with an adult, I also would adopt the reasoning of Stoll as our own. ”

“ The status of being a minor cannot reasonably be considered a mental disorder or a developmental or physical disability. Accordingly, if a minor is unable to give legal consent because of his or her age, sexual intercourse with a minor who voluntarily participates in the act does not necessarily constitute rape pursuant to section 261, subdivision (a) (1) . ”

“ Family Code section 2200 defines marriages as incestuous and void if they are "between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews." ”

“ The term " 'child' " is defined as any person under 18 (§ 11165) , and section 11164, subdivision (b) describes the child as a "victim." Similarly, section 1203.1g requires defendants who are convicted of "sexual assault on a minor" to pay, in certain circumstances, restitution to the "victim" of the assault, and " 'sexual assault' " in this context includes incest. Finally, section 1202.05, subdivision (a) prohibits visitation between a child "victim" of incest and the perpetrator. ”

“ The principle has special importance in substantive criminal law, because changes in that law can raise ex post facto and due process concerns. "Adherence to precedent must then be the rule rather than the exception if litigants are to have faith in the even-handed administration of justice in the courts." ”

“ This statement, however, responded to the defendant's contention that section 261.5 "creates adverse [25 Cal. 4th 342] inferences concerning the capacity of minor females to make intelligent and volitional decisions." (Michael M., supra, 25 Cal.3d at p. 614, italics added.) As explained previously, a minor voluntarily can engage in sexual relations, but he or she cannot legally consent to such acts. The foregoing statements in Michael M. were concerned with actual consent, not legal consent, and they do not support the majority's reasoning. ”