BILL ANALYSIS UNFINISHED BUSINESS SB 1997 Russell (R), et al 8/8/94 21 p. 5002, 5/19/94 68-3, 8/22/94 SUBJECT: Ritualistic child abuse SOURCE: Sgt. Kurt Jackson, Beaumont Police Department Investigator Alfonso Valdez, Orange County District Attorney's Office ____________________________________________________________________________ DIGEST: This bill provides that a person convicted of any sexual act šagainst a child under the age of 14, or of specified other offenses against šchildren, committed as part of a ceremony, rite, or similar observance, šshall receive a sentence enhancement of three years. Assembly Amendments added a January 1, 1999 sunset date as well as štechnical/procedural amendments. ANALYSIS: Existing law provides that it is unlawful to willfully cause šor permit a child to suffer, or to inflict unjustifiable physical pain or šmental suffering on a child, or having the care or custody of any child to šwillfully cause or permit the child or its health to be injured, or to šwillfully cause or permit the child to be placed in a situation that its šperson or health is endangered. If the act is performed under šcircumstances or conditions likely to produce great bodily harm or death, šit is an alternate felony/misdemeanor, punishable by two, four, or six šyears in state prison or up to one year in county jail. If the šcircumstances or conditions are not likely to produce great bodily harm or šdeath, the crime is a misdemeanor punishable by up to six months in county šjail. Existing law provides that it is an alternate felony/misdemeanor, špunishable by two, four, or six years in state prison or up to one year in šcounty jail, to willfully inflict cruel or inhuman corporal punishment or injury resulting in a štraumatic condition upon a child. Existing law provides that it is a felony punishable by three, six, or šeight years in state prison to commit a lewd or lascivious act on a child šunder the age of 14, with the intent of arousing the lust of the child. A šsimilar act on a child of age 14 or 15, when the defendant is at least 10 šyears older than the child, is punishable by one, two, or three years in šprison or up to one year in county jail. This bill would provide that a person convicted of one of the above šoffenses, or of a violation of any sexual offense against a child under the šage of 14, when the violation is part of a ceremony, rite, or similar šobservance, would receive a sentence enhancement of three years. The bill would provide that the enhancement change must be proven by the štestimony of two witnesses or of one witness and corroborating šcircumstances. The bill contains a January 1, 1999 sunset date. The purpose of this bill is to combat ritualistic child abuse. Background In 1991, the Committee of Child Abuse Prevention of the State Social šServices Advisory Board held two largely attended hearings in San Francisco šand San Diego to look into the frequently reported cases of ritualistic šchild abuse. The committee recommended that information produced by a šcareful, scholarly project investigation of ritual abuse was necessary to šaddress the far-reaching scope and ramifications of the problem. It šsuggested that a task force be established to take a careful, scholarly, šscientific look at the problem and report back to the Legislature. In response, the author has introduced two legislative measures intended to šfocus on ritualistic child abuse. SB 1771 (1992) and SCR 8 (1993) would šhave created a task force to study the instances of ritualistic child šabuse. Proponents of the study contend that the ritualized abuse of children is šthe most serious threat to children and to society that we face today. šThis kind of abuse on our children threatens not only children, but the šdestruction of many victim families. "This is an assault on the orderly šfabric of society and a menace to the mental health and physical safety of šfuture generations." The relevant provisions of SB 1771 were amended out during the course of šthe legislative session. SCR 8 is currently before the Assembly Public šSafety Committee. The purpose of this bill is to provide a sentence enhancement for šsituations when ritualistic child abuse can be proved in court. CONTINUED SB 1997 Page 3 According to the author, reports written by survivors, counselors, social šworkers, law enforcement, and child abuse prevention groups indicate the štypes of abuse set forth below: A. Threats of punishment, torture, mutilation or death of victim, victim's family or pets . . . occasional carrying out of threats by killings of animals or human beings in the presence of the victim. B. Threats against property ("burn down your house"). C. Made to believe that parents know what is happening and want it to happen. D. Child told family not their "real" family or that they are no longer wanted by their family and will be given to cult. E. Tied up or confined to a cage, closet, basement or confined space. Some have been laced in coffins. F. Tied up or confined in space with insects or animals that they are told will harm them. Confined or hung upside down in a hole with a dead body or the mutilated parts of an animal or human. G. Humiliated or degraded through verbal abuse, forced nudity in front if group, body smeared with urine or feces, made to eat urine,feces or semen. H. Photographed in provocative poses or while being physically or sexually assaulted (child porn = big money). I. Made to feel constantly watched and monitored by abusers or spirits; made to believe that if they tell they will be punished or die as well as their families. J. Physically and sexually abused by people disguised as Superman, Santa Claus, Rambo, clergy, judges, police to undermine child's trust in authority. K. Subjected to mind control and mind altering drugs which alter perception, interfere with resistance and cloud recall. Sophisticated uses of hypnosis, indoctrination, programming and the use of triggering. L. Compelled to commit heinous acts, including the killing and mutilation of animals or humans, made to ingest blood or body parts of animals or human being in cannibalistic rituals. M. Pins or shots inserted into sensitive areas of the body, especially between digits, under fingernails or genital areas. Electric shock. N. Being hung by hands or upside down by feet for extended time, sometimes hung on a cross. CONTINUED SB 1997 Page 4 O. Submerging in water with perception of near drowning. P. Withholding of food or water for several hours, or sleep deprivation. Q. Physical beatings, use of cuts, tattoos, branding, burns. R. Repeated sexual assaults by men women and other children -- often occurring in a group. Fondling, oral copulation, rape and sodomy. S. Instruments to penetrate body orifices, including crucifix, wand, or knife. T. Forced sexual contacts with animals. The bill defines "ceremony, rite, or any similar observance" to mean: A. Actual or simulated torture, mutilation, or sacrifice of any warm- blooded animal or human being. B. Forced ingestion, injection, or other application of any narcotic, drug, hallucinogen, or anesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity. C. Forced ingestion, or external application, of human or animal urine, feces, flesh, blood, bones, body secretions, non-prescribed drugs, or chemical compounds. D. Involvement of the child in a mock, unauthorized or unlawful marriage ceremony with another person or representation of any force or deity, followed by sexual contact with the child. E. Placement of a living child into a coffin or open grave containing a human corpse or remains. F. Threat of death or serious harm to a child, his or her parents, family, pets, or friends which instill a well-founded fear in the child that the threat will be carried out. G. Unlawful dissection, mutilation, or incineration of a human corpse. The bill does not apply to: A. Lawful agricultural, animal husbandry, food preparation, or wild game hunting and fishing practices and, specifically, the branding or identification of livestock. B. The lawful medical practice of circumcision or any ceremony related šthereto. C. Any state or federally approved, licensed, or funded research project. FISCAL EFFECT: Appropriation: No Fiscal Committee: Yes Local: No CONTINUED SB 1997 Page 5 SUPPORT: (Verified 8/23/94) Sgt. Kurt Jackson, Beaumont Police Department (co-source) Investigator Alfonso Valdez, Orange County District Attorney's Office (co- šsource) Sexual Assault Investigators Association, Inc. Mothers Against Sexual Abuse Concerned Women for America Humane Association of the United States D.A. Investigation Office, Butte County Children's Law Offices, San Francisco San Francisco Child Abuse Council Doris Tate Crime Victim Bureau Los Angeles SPCA Over 200 letters on file from district attorneys, child abuse bureaus of špolice and sheriffs' departments, as well as medical personnel ARGUMENTS IN SUPPORT: Michael L. Ramsey, District Attorney of Butte šCounty, states, "having worked for a number of years with abused children šI'm keenly aware of the trauma and psychological harm inflicted on ritually šabused children. While the victimization for all abused children is šlifelong, the extent of the damage to ritually abused children is much more šsevere. the result of their victimization ranges from deep-seated špsychological problems that surface many years later to children of eight šor nine years old who are homicidal, suicidal, firestarters, and molesters. "Prosecution of these matters are based on the abuse or molest charge with šthe punishment being the same notwithstanding the underlying factors šinvolved in the case. SB 1997 would bring the punishment more in line with šthe extent of the trauma experienced by the victim. "One case I worked particularly comes to mind. Four or five years ago a štwo year old girl was kidnapped, bound and gagged, whipped with a hanger, šher body punctured with a ball point pen, and various parts of her body šburned with a cigarette lighter. Her vaginal area was burned so severely šher ability to have a meaningful physical relationship with her future šhusband is unlikely. She was then locked in a refrigerator for up to a few šhours. While the perpetrators received maximum sentences, these sentences šin no way paralleled the trauma to the child. "While the subject of ritualistic crime has been inadequately addressed by šlaw makers, I view SB 1997 as a long needed tool to help police and šprosecutors deal with these vicious crimes. I applaud your leadership in šlegislation addressing this issue. I thank you for your courage." ASSEMBLY FLOOR VOTE: CONTINUED SB 1997 Page 6 RJG:jk 8/23/94 Senate Floor Analyses CONTINUED