Assemblywoman Introduces Bill to Further Classify Rape as Violent Felony

On Monday, Assemblywoman Melissa A. Melendez (R-Lake Elsinore) began her third term as by introducing legislation, Assembly Bill 27, to classify rape of an intoxicated or unconscious victim as a violent felony.

Under current law, nearly all forms of rape and sexual penetration of an intoxicated person or someone with a mental disability are considered non-violent felonies. With the passage of Proposition 57, felonies classified as non-violent are now eligible for early parole.

“It is shameful that a sexual predator who rapes a mentally ill or intoxicated individual is charged with a non-violent felony,” Melendez said.  “Now adding insult to injury, with the passage of Prop 57, that type of scum is eligible for early release.”

Under AB 27:

This bill would additionally define as violent felonies rape, sodomy, penetration with a foreign object, or oral copulation, if the victim was unconscious, if the victim was incapable of giving consent due to intoxication, if the victim was incapable of giving legal consent because of a mental disorder or developmental or physical disability, if the victim submitted to the act under the belief that the person committing the act was someone known to the victim other than the accused, or if the act was accomplished against the victim’s will by threatening to use the authority of a public official, thereby amending Proposition 36 by adding to the list of violent felonies that can be prosecuted as a 3rd strike. By changing the definition of a crime, this bill would impose a state-mandated local program.

Assemblywoman Melissa A. Melendez represents the 67th Assembly District, which includes the communities of Lake Elsinore, Canyon Lake, Murrieta, Menifee, Wildomar and a portion of Hemet. It also includes the Riverside County unincorporated areas of Lake Mathews, Good Hope, Nuevo, and Winchester. Follow her on Twitter: @asmMelendez