A tenet of the legal system in California and the rest of the U.S. is that you cannot be tried twice for the same crime. That's a protection provided under the "Double Jeopardy Clause" of the U.S. Constitution.
When a crime is alleged, the suspect's state of mind at the time of the events is something worth exploring. The technical term used in the legal arena for this is mens rea. That is Latin for "guilty mind."
Words have power. If you need convincing, just look at the furor that has erupted in the past year over so-called fake news. The proliferation of bogus information initiated through social media sites and picked up by mainstream media has everyone in California and elsewhere up in arms – except those who seem to foster such stories. In some cases, those in positions of power try to put a luster of legitimacy on blatantly falsehoods, calling them alternative facts.
No one would argue that society shouldn't do what it can to prevent sex offenses from occurring. It's in that light that California and every other state has an array of laws against such crimes. The more heinous the alleged act, the more severe the punishment is likely to be.