BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 765
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 765 (Achadjian) 
          As Amended  May 5, 2011
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      15-0        
           
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          |Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey,          |
          |     |Hagman, Hill, Mitchell,   |     |Blumenfield, Bradford,    |
          |     |Skinner                   |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Hall, Hill, Lara,         |
          |     |                          |     |Mitchell, Nielsen,        |
          |     |                          |     |Solorio                   |
           ----------------------------------------------------------------- 

           SUMMARY  :  Expands the definition of "rape by fraud" to include 
          submission of the victim to sexual intercourse under the belief 
          that the perpetrator is a "cohabitant", as specified.

           EXISTING LAW  :

          1)Defines "rape" as an act of sexual intercourse accomplished 
            with a person not the spouse of the perpetrator, as specified. 
             

          2)States rape by fraud is committed when a person submits to 
            sexual intercourse under the belief that the person committing 
            the act is the victim's spouse, and this belief is induced by 
            any artifice, pretense, or concealment practiced by the 
            accused, with intent to induce the belief.  

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, unknown, likely minor if any, annual General Fund 
          costs for increased state prison commitments.  No one was 
          committed to state prison in 2009 or 2010 for this offense. 

           COMMENTS  :  According to the author, "Assembly Bill 765 would 
          protect victims of rape by clarifying that a perpetrator who 
          induces a victim into sexual activity by impersonating a 
          cohabitant (live-in boyfriend or girlfriend) is guilty of felony 
          rape.

          "Non-marital cohabitation is at an all-time high.  In 2011, the 








                                                                  AB 765
                                                                  Page  2

          U.S. Census Bureau reported that over 15 million partners live 
          together in 7.5 million households.  With those facts in mind, 
          it is clear that the current laws governing rape prosecution are 
          out of date by not recognizing the common practice of 
          cohabitation.

          "Assembly Bill 765 would protect victims of rape by making it 
          clear that a perpetrator who impersonates a victim's spouse or 
          cohabitant in order to commit a sexual act is guilty of felony 
          rape.  Doing so would empower District Attorneys with the tools 
          necessary to prosecute rape cases."

          Please see the policy committee for a full discussion of this 
          bill.


           Analysis Prepared by  :    Sandy Uribe / PUB. S. / (916) 319-3744

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