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Evans introduces legislation clarifying rape law; overturned rape conviction exposed legal anomaly
NORTHERN CALIFORNIA – In response to an exposed legal anomaly and an outdated rape statute that resulted in an overturned rape conviction, Sen. Noreen Evans (D-Santa Rosa), chair of the Senate Judiciary Committee and Chair of the California Women's Caucus, introduced SB 59.
The bill is also co-authored by twelve other senators, including pro tem Darrell Steinberg (D-Sacramento) and public safety chair Loni Hancock (D-Berkeley).
“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 last week overturned the rape conviction of Julio Morales.
In 2009 Morales 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 would amend Penal Code section 261(a)(5) by exchanging the word “spouse” for the term “sexually intimate partner.”
Doing so would expand the definition to include single individuals as well as domestic partners and other individuals currently excluded by “spouse”.
“This is about equality in the law. 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 And it’s past time this legislative body correct an arcane law that could let a rapist go free on an outdated statue that provides neither,” Evans said.
Evans represents the Second Senatorial District, including all or portions of the counties of Humboldt, Lake, Mendocino, Marin and Sonoma.