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State Senate unanimously passes rape by fraud bill; overturned rape conviction exposed legal anomaly
SACRAMENTO – A bill to close a loophole in California’s rape law that caused an appellate court to overturn a sexual assault conviction has passed off the Senate Floor today with a 37-0 vote on urgency.
The bill now moves to the Assembly and will be heard in their public safety committee this summer.
The bill seeks to close the legal loophole specific to rape under false pretenses or rape by fraud by updating the penal code.
If passed, the legislation would go into effect immediately.
Sen. Noreen Evans (D-Santa Rosa) introduced SB 59 at the beginning of the 2013 legislative session following the outcome of the overturned rape conviction in People v. Morales.
“Rape is a violent crime that should be punished to the fullest extent of the law,” said Sen. Evans. “Justice cannot be conditioned on the victim’s marital status.”
Under an 1870s provision that upheld the rights of a married victim, but not those of others, the Second District Court of Appeal in January overturned the rape conviction of Julio Morales.
In 2009 Morales was alleged to have impersonated his female victim’s boyfriend in order to have sex with her while she was sleeping.
Because jury instruction was unclear and the current law only allows someone to be convicted of rape for impersonating a spouse, but is silent about the impersonation of other intimate partners, the conviction was overturned on the technicality.
SB 59 updates the arcane language contained in various sections of the California Penal Code by substituting and defining the new term of “sexual partner” in the place of the term “spouse.” Doing so would expand the definition to include single individuals, domestic partners and individuals currently excluded by the narrow use of the term “spouse.”
“This is about equality in the law,” said Evans. “This is about justice for all. And it’s past time this legislative body correct an arcane law that could let a rapist go free on an outdated statute that provides neither.”
Evans’ SCR 22, Sexual Assault Awareness Month/Denim Day, also passed off the Senate floor on Monday with a unanimous vote.
Denim Day will be held on April 24 this year and people are encouraged to wear denim in symbolism for sexual assault awareness.
Evans represents the Second Senatorial District, including all or portions of the counties of Humboldt, Lake, Mendocino, Marin (caretaker) and Sonoma. Senator Evans Chairs the Senate Committee on Judiciary.