BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1402|
|Office of Senate Floor Analyses | |
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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 : California Coalition Against Sexual Assault
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 (source)
American Association of University Women
Calegislation
California Commission on the Status of Women
California District Attorney's Office
California National Organization for Women
California Partnership to End Domestic Violence
Community Solutions
DOVES Domestic Violence Education and Services
Family Services of Tulare County
Junior Leagues of California
Marin Abused Women's Services
Marajee Mason Center
North County Women's Resource Center and Shelter
Office of the Attorney General
South Bay Community Services
South Lake Tahoe Women's Center
STAND! Against Domestic Violence
The Riley Center of St. Vincent de Paul Society
WEAVE Inc.
YWCA of Glendale
OPPOSITION : (Verified 4/18/06)
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
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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 : The California Attorneys for
Criminal Justice states:
"While we understand your concern for victims'
protection and support in the judicial system, these
must be delicately balanced with the due process rights
of those who are accused. The current requirements of
witnesses or evidence provided by Penal Code section
262 still allow charges to be filed well past one year.
The requirements carefully preserve witnesses and/or
evidence and ensure that only meritorious allegations
are prosecuted. They also consistently encourage any
victims to come forward and seek protection, counseling
and/or criminal justice. Removal of these requirements
will permit prosecution in cases with little or no
supporting evidence, years after the alleged acts, and
are very difficult accusations to defend. The existing
balance in the statute carefully protects due process
and the fair trials California is known to provide."
RJG:mel 4/19/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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