Wednesday, October 20, 2021

CAL Eliminates Spousal Rape Exemption

Carrie Baker, California Eliminates Spousal Rape Exemption

On Thursday, California Governor Gavin Newsom (D) signed a bill mostly eliminating an antiquated distinction in California law between “spousal rape” and rape, which has for years resulted in more lenient penalties for perpetrators who rape their spouses.

 

“From the beginning of our efforts, we have been clear that rape is rape. A marriage license is not an excuse for committing one of society’s most violent and sadistic crimes,” said Assemblymember Christina Garcia, chair of Legislative Woman’s Caucus. “The first question a rape victim is asked should not be whether or not they are married.”

 

Assembly Bill 1171 eliminates section 262 on spousal rape in the California Penal Code to ensure perpetrators convicted of raping a spouse are subject to the same mandatory imprisonment and sex offender registry requirements as those convicted of raping someone who is not their spouse. The previous law had allowed spousal rapists to plea bargain their sentence down to probation and gave judges discretion as to whether to list them on the state’s sex offender registry.

 

“The rape of a spouse was probation-eligible in every case, even those involving force or violence, compared to rape of a non-spouse, which involved a three-year mandatory sentence to prison. That created all kinds of inequalities and unfairnesses,” said Michele Dauber, a Stanford law professor and chair of Enough is Enough Voter Project, who led the effort to pass the bill.***

 

The previous law also did not allow prosecution for rape when a spouse was unable to give legal consent because they were under the influence or unconscious, when a perpetrator threatened their spouse with retaliation, or when a perpetrator fraudulently represented the situation. A.B. 1171 law removes these spousal exemptions.

https://lawprofessors.typepad.com/gender_law/2021/10/cal-eliminates-spousal-rape-exemption.html

Legislation, Violence Against Women | Permalink

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