Crime
What You Need to Know About California’s New Sexual Assault Laws
Watching your tax dollars, elected officials and legislation that affects you.
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.
Activism
Oakland Post: Week of December 18 – 24, 2024
The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024
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Activism
‘Donald Trump Is Not a God:’ Rep. Bennie Thompson Blasts Trump’s Call to Jail Him
“Donald Trump is not a god,” U.S. Rep. Bennie Thompson, D-Miss., told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.
By Post Staff
U.S. Rep. Bennie Thompson, D-Miss., said he not intimidated by President-elect Donald Trump, who, during an interview on “Meet the Press,” called for the congressman to be jailed for his role as chairman of the special congressional committee investigating Trump’s role in the Jan. 6, 2021, mob attack on the U.S. Capitol.
“Donald Trump is not a god,” Thompson told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.
“He can’t prove it, nor has there been any other proof offered, which tells me that he really doesn’t know what he’s talking about,” said the 76-year-old lawmaker, who maintained that he and the bipartisan Jan. 6 Select Committee – which referred Trump for criminal prosecution – were exercising their constitutional and legislative duties.
“When someone disagrees with you, that doesn’t make it illegal; that doesn’t even make it wrong,” Thompson said, “The greatness of this country is that everyone can have their own opinion about any subject, and so for an incoming president who disagrees with the work of Congress to say ‘because I disagree, I want them jailed,’ is absolutely unbelievable.”
When asked by The Grio if he is concerned about his physical safety amid continued public ridicule from Trump, whose supporters have already proven to be violent, Thompson said, “I think every member of Congress here has to have some degree of concern, because you just never know.”
This story is based on a report from The Grio.
Activism
Oakland Post: Week of December 11 – 17, 2024
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