(SACRAMENTO)– Assemblymembers Cristina Garcia (D-Bell Gardens), Vice-Chair of the Legislative Women’s Caucus, and Susan Eggman (D-Stockton), Chair of the LGBT Caucus, Monday called on their colleagues in Sacramento to join them and pass legislation to redefine rape under California Penal Code 261.
Currently, California law defines rape as “an act of sexual intercourse” under circumstances in which a victim is unconscious or incapable of giving consent, among other criteria. In addition, other types of sexual assault in the state of California—including forcible acts of sexual penetration by any foreign object—are defined and categorized as different crimes. Under this definition, the perpetrator in the Stanford case was only convicted of sexual assault, rather than rape.
The Federal Bureau of Investigations (FBI) defines rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
This more inclusive definition has been adopted by all but a handful of states, including California.
“Sexual penetration without consent is rape. It is never invited, wanted or warranted. Rape is rape, period.” said Assemblymember Garcia. “We found a loophole in California’s criminal code and need to fix the law to send a strong message that we do not accept rape in California. AB 701 will ensure that all survivors of nonconsensual rape, regardless of the object used, will have equal access to justice.”
Assemblymember Eggman joined Assemblymember Garcia, saying “This is archaic definition reflects a culture that blames women for the crimes that are committed against them, and finds any excuse to be lenient with rapists. Forcing someone into sexual activity is rape, and the law should say that”.
The bill has garnered intense interest from legislative colleagues and the following members have currently agreed to co-author the measure: Assemblymember Susan Bonilla, Assemblymember Mike Gatto, Assemblymember Patty Lopez, Assemblymember Das Williams and Senator Connie Leyva.
The 58th Assembly District includes the cities of Montebello, Pico Rivera, Commerce, Bell Gardens, Downey, Norwalk, Bellflower, Cerritos and Artesia.
