Does the concept of consent apply to sexual assault of a minor?

penetration of a minor 10 years or younger. (See Soto, supra, 51 Cal.4th at p. 238; People v. Hillhouse (2003) 109 Cal.App.4th 1612, 1619 ["the concept of consent, whether legal or actual, is actually irrelevant to the determination of whether [statutes governing sexual contact with minors] have been violated"].) As a result, crimes against those legally incapable of consenting "contain different elements [ ] than the provisions governing sexual contact with minors." (People v. Hillhouse, supra, at p. 1621.) Accordingly, the trial court did not err in not instructing on the offense of sexual battery.