BILL ANALYSIS �
AB 765
Page 1
ASSEMBLY THIRD READING
AB 765 (Achadjian)
As Amended March 23, 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 |
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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.
AB 765
Page 2
"Non-marital cohabitation is at an all-time high. In 2011, the
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out of date by not recognizing the common practice of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:
0000280