Crime

What You Need to Know About California’s New Sexual Assault Laws

Watching your tax dollars, elected officials and legislation that affects you.

Published

3 years ago

October 19, 2021

Isabelle Price

Word "Me too" typed on typewriter

Before the October 10 deadline to sign or veto bills passed by the Legislature, California Gov. Gavin Newsom signed several sexual assault bills into law.

They include Assembly Bill (AB) 453, AB 1171, AB 939 and Senate Bill (SB) 215.

AB 453, authored by Assemblymember Cristina Garcia (D- Bell Gardens), makes the act of non-consensually removing a condom, also known as “stealthing,” illegal.

Under this new law, stealthing would be considered a form of sexual battery. However, it does not criminalize it.

“We have stepped up in a major way in California & I hope other state legislatures follow suit,” tweeted Garcia. “But more importantly, I hope people will build on this & continue engaging in discussion around the continuum of consent.”

The governor’s office tweeted about the bill’s passing and what kind of legal actions can be taken given that it is still not technically a criminal act.

“With @AsmGarcia’s #AB453 signed, victims of stealthing will be able to take civil action against their perpetrators. By passing this bill, we are underlining the importance of consent,” read the tweet.

AB 1171, also authored by Garcia, will remove the distinction between rape and “spousal rape” in California law.

Before AB 1171 was signed into law, California was one of only nine states that still included the distinction between rape and spousal rape.

“Rape is Rape, & this bill makes it clear that a marriage license doesn’t change that. No more asking victims if they are married or not. TY to all the advocates who worked on getting this bill to @CAgovernor & pushing to get it signed,” Garcia tweeted.

SB 215, co-authored by Sen. Connie Leyva (D-Chino), will allow survivors of sexual assault to track and receive information regarding their sexual assault evidence kit.

Tracking will take place through a new online portal that allows survivors to access the SAFE-T database.

“As the author of SB 215, I am so proud that we are once again prioritizing and empowering rape survivors by making sure that they able to easily and privately find out where their rape kit is in the process,” Leyva said.

“A rape kit exam is invasive and retraumatizing, so survivors should absolutely be able to track their rape kit every step of the way. I would like to thank our amazing coalition of sponsors—District Attorney Nancy O’Malley, Joyful Heart Foundation and Natasha’s Justice Project—and supporters for testifying, Tweeting, writing and speaking out about the critical need for this legislation. With today’s signature by Governor Newsom, SB 215 will help to empower survivors, hold rapists accountable and strengthen public safety across California,” she continued.

AB 939 bans a survivor’s clothing from being used as evidence of consent in a sexual assault case.

The bill, also known as the Denim Day Act of 2021, is named for a day recognized during Sexual Assault Awareness Month in April. Denim Day focuses on amplifying the message that manner of dress does not equate to consent.

“I want to thank my legislative colleagues for their support on this important measure. AB 939 makes it clear that an outfit never provides consent, ever. To even consider whether a survivor’s manner of dress should be admitted as evidence of consent wrongly scrutinizes the actions of the survivor, instead of placing that scrutiny where it truly belongs — on the actions of the perpetrator,” said Assemblymember Sabrina Cervantes (D-Corona).

“Sexual assault is the most underreported and under-prosecuted type of crime. We must ensure that survivors are not subjected to a justice system that re-victimizes and re-traumatizes them and that our justice system protects them when they seek justice,” she added.

Isabelle Price

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Activism

Oakland Post: Week of October 30 – November 5, 2024

The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024

Published

20 hours ago

November 1, 2024

Oakland Post

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Alameda County

Alameda County District Attorney Pamela Price Announces $7.5 Million Settlement Agreement with Walmart

The settlement resolves allegations that Walmart unlawfully disposed of hazardous waste and medical waste from its facilities statewide to municipal landfills. Walmart agreed to pay $4,297,040 in civil penalties and $3,202,960 in costs, to be split among the prosecuting agencies, the California Department of Toxic Substances Control, and some local environmental protection agencies. There are nine Walmart stores in Alameda County.

Published

5 days ago

October 28, 2024

Oakland Post

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By Oakland Post Staff

Alameda County District Attorney Pamela Price, the California Attorney General’s Office, and eleven other prosecutors’ offices secured a $7.5 million settlement with Walmart on behalf of the People of the State of California.

“Large corporations must be held accountable when they do not follow the law and put the health and safety of Alameda County residents at risk,” said Price. “I commend my office’s Consumer Justice Bureau’s active involvement in this investigation, which helped bring this settlement forward and holds Walmart to account.”

The settlement is the result of over 70 covert waste inspections conducted by the district attorneys’ offices statewide from 2015 through 2021, including many assisted by Alameda County District Attorney’s Office environmental protection investigators. During those inspections, the offices inspected the waste that Walmart sent from its stores to local landfills and found hundreds of containers of toxic aerosols and liquid wastes (including spray paints, rust removers, bleach, and pesticides), as well as medical waste (such as over-the-counter drugs).

Improperly disposed of private consumer information was also found.

The People filed a civil law enforcement complaint against Walmart in 2021, wherein those unlawful disposals were alleged to violate the Hazardous Waste Control Law, Medical Waste Management Act, and Unfair Competition Law.

The civil action and stipulated judgment were filed in Alameda County Superior Court. The Alameda County District Attorney’s Office has been involved in the investigation and civil case preparation since 2015.

The settlement also imposes injunctive terms, which require Walmart to maintain an independent, third-party auditor to conduct three annual rounds of waste audits at its facilities throughout California during the next four years. Walmart’s auditor must use specific requirements in the settlement to ensure that hazardous waste is properly classified, handled, disposed of, and transported according to California law.

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Activism

Black Tulip Calls for Action and a Cultural Shift in Oakland for Black Women’s Safety

Anyka Howard, founder of the Betti Ono Foundation and visionary of Black Tulip, expressed the core value of the movement and urgent need for change. “We’re not going to tolerate Oakland being a hotbed for dysfunction and violence, and perpetuating harms against Black women and girls,” Howard said. “We deserve better, we are worthy, our lives matter, and it’s time for us to boldly, and collectively proclaim that and expect the appropriate response.”

Published

5 days ago

October 28, 2024

Oakland Post

Jada Imani and another Black Tulip attendee building an altar at the Lake Merritt Amphitheater in honor of artist Zoe Reidy Watts, 25, who was killed in Oakland in March. Courtesy photo.

By Kristal Raheem
Special to The Post

Last week, Oakland City Council voted to adopt a resolution supporting the federal Protect Black Women and Girls Act, (H.R. 7354). The federal law would establish an interagency task force to examine the experiences of Black women in U.S. society, from education to health care to jobs to housing.

A 2020 study by the Congressional Black Caucus Foundation reported that 40% of humans being trafficked in the U.S. are Black women. In 2022, the FBI reported 97,000 Black women were missing. That same year in Oakland, 400 Black women were reported missing.

The Council vote on Oct. 15 was just the latest reflection of a blossoming movement in Oakland demanding greater protection for Black women and girls.

From Oct. 3-5, the Betti Ono Foundation, in partnership with the Black Arts Movement Business District and Community Development Corporation (BAMB CDC), hosted their inaugural Black Tulip Cultural Week of Action.

The Black Tulip event series included a write-in at the BAMB CDC, an Oakland’s First Friday partnership, and a Day of Action at Lake Merritt.

Howard said everyone must support Black Tulip’s mission, regardless of race and other social identities. She specifically called for men to show up more as allies.

West Oakland native and founder of Black Terminus AR, Damien McDuffie, said the Town’s “pimp culture” has warped how Black women are treated. “Oakland has a complex history around sexual assault and pimp culture, so I think we have a warped sense of what safety might look like, especially for women and girls,” Damien saud. “I think a real impact on how women are treated here in Oakland or in the Bay Area will come from a culture shift.”

The Black Tulip Day of Action took place on Saturday, Oct. 5. Healers, poets, and musicians joined forces to amplify joy, remembrance, and hope.

Oakland educator and healer Venus Morris co-hosted the event alongside honorary guest speaker and singer Dawn Richard.

Richard is the artist relations director with the Hip Hop Caucus, an organization that helps artists use their platform to advocate for important issues. She is also one of 120 people being represented in a lawsuit against Sean “Diddy” Combs for alleged sexual assault and abuse.

Despite the media frenzy regarding the legal case, Richard showed up in Oakland to stand in solidarity for the mission of Black Tulip. “I think our narrative has been stolen from us,” Richard said. “We’ve lost the narrative of what we represent in this culture and in this society. We are more and I think this event exemplifies that.”

Participants gathered to honor the lives of Black women who lost their lives to violence while also celebrating one another as the journey for justice continues.

“We are the mothers, the womb of this earth. There is no America, no globalization, no capitalism, without us,” Howard told Oakland Voices. “People are taught to see us in a particular way that does not honor who we are. Black Tulip is a reclamation of our sacredness. It’s an affirmation, a calling, a demand.”

This story was initially published by Oakland Voices (http://oaklandvoices.us). The author previously worked as a communications and public relations manager for Councilmember Treva Reid.