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 ----------------------------------------------------------------- |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 With those facts in mind, it is clear that the current laws governing rape prosecution are out of date by not recognizing the common practice of cohabitation.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 FN: 0000505