BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1402|
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THIRD READING
Bill No: SB 1402
Author: Kuehl (D)
Amended: 4/18/06
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/4/06
AYES: Migden, Poochigian, Cedillo, Margett, Perata, Romero
SUBJECT : Spousal rape
SOURCE : Author
DIGEST : This bill eliminates the reporting requirement
in the spousal rape statute.
ANALYSIS : Current law provides that rape is an act of
sexual intercourse accomplished with a person not the
spouse of the perpetrator, as
specified.
Current law provides that rape of a person who is the
spouse of the perpetrator is an act of sexual intercourse
accomplished under specified circumstances.
Current law requires, with respect only to spousal rape
(and not non-spousal rape), that no prosecution shall be
commenced "unless the violation was reported to medical
personnel, a member of the clergy, an attorney, a shelter
representative, a counselor, a judicial officer, a rape
crisis agency, a prosecuting agency, a law enforcement
CONTINUED
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officer, or a firefighter within one year after the date of
the violation. This reporting requirement shall not apply
if the victim's allegation of the offense is corroborated
by independent evidence that would otherwise be admissible
during trial."
This bill deletes this requirement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/18/06)
California Coalition Against Sexual Assault
California District Attorney's Office
California National Organization for Women
Commission on the Status of Women
Office of the Attorney General
OPPOSITION : (Verified 4/18/06)
California Alliance for Families and Children
California Attorneys for Criminal Justice
California Public Defenders Association
ARGUMENTS IN SUPPORT : The author states that "California
is one of the few remaining states to impose a reporting
requirement for spousal rape. Courts in other states have
found any distinction between marital and nonmarital rape
to be unconstitutional. Most importantly, in the case of
People v. Garcia , a California appellate court
"respectfully suggest[ed] the
time has come to eliminate" the reporting requirement.
ARGUMENTS IN OPPOSITION : Opponents argue that the
reporting/corroboration requirement in the current spousal
rape statute warrants retention. The California Alliance
for Families and Children states in part:
"We oppose for three fundamental reasons. First, there
is no evidence of a significant problem with the
existing procedures - if it's not broke, don't fix it.
Second, numerous independent researchers in the field
have documented an already high rate of false
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allegations of rape, including spousal rape? Third,
eliminating the protections under (current law) will
only contribute to the excessive conflict now in our
family law courts where false allegations already occur
in high conflict cases over custody and financial
issues."
RJG:mel 4/18/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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