Santa Barbara
69° F
Clear
Clear
Santa Maria
58° F
Clear
Clear
San Luis Obispo
60° F
Scattered Clouds
Scattered Clouds
Ventura
62° F
Clear
Clear

Rape Loophole Closed by Governor

By Tracy Lehr, KEYT NewsChannel 3 Reporter, tracy@keyt.com
Published On: Sep 09 2013 08:10:01 PM CDT
Updated On: Sep 09 2013 11:14:51 PM CDT

Gov. signed new bill into law that updates old legislation

SACRAMENTO, Calif. -

Gov. Jerry Brown has signed a bill to close an old rape loophole.

Back in the late 1800s, a victim of rape by impersonation had to be raped by someone impersonating her husband to prosecute.  This bill will protect rape victims regardless of marital status.

Attorney Joyce E. Dudley spearheaded the legislation when she was trying to prosecute a case involving a rape survivor who initially thought her boyfriend had climbed into her bed.  Brown signed Assembly Bill 65, by Assembly members Katcho Achadjian (San Luis Obispo) and Bonnie Lowenthal (Long Beach) a couple of weeks after it won unanimous approval in both houses of the Legislature.  

The bill will bring parity to statutes relating to rape by clarifying that an attacker who coerces a victim into sexual activity by impersonating somebody else can be prosecuted for felony rape.

Dudley said, "I am grateful to Governor Brown, Assembly Member Achadjian, and the entire California Legislature for coming together to close this loophole.  I am extremely thankful for the unflinching efforts of Assembly Member Achadjian to ensure this bill would pass.  While nothing can undo what was done to her, I have let Courtney know that her story inspired the Legislature to act, and that because of her bravery, we will be able to deliver justice to victims in the future."

"Today's action by the Governor concludes a nearly three-year effort to close this outdated and unconscionable loophole that has denied victims the justice that they deserve.  While Assembly Bill 65 cannot undo what was done to the victims in the Santa Barbara and Los Angeles county cases, it is my hope that knowing that future victims will be protected will bring them a small amount of comfort, I am especially grateful to Santa Barbara County District Attorney Joyce Dudley whose persistence on this issue was crucial to getting this measure approved," Achadjian said.

An earlier version of the bill was inspired by a Santa Barbara rape case that happened when the accused broke into the home of a female victim who had been sleeping.  The perpetrator instigated sex with the victim who initially thought he was her boyfriend. When the suspect was caught, the Santa Barbara County District Attorney could not prosecute him for felony rape simply due to the fact that the victim lived with her boyfriend rather than with her husband.  A recent Court of Appeals overturned a rape conviction in a similar Los Angeles County case. The court stated that the young victim had not been raped because she was unmarried and the attacker had impersonated her boyfriend rather than her husband.  For complete text of the bill please visit: www.leginfo.ca.gov

Comments

The views expressed are not those of this company or its affiliated companies. Please note by clicking on "Post" you acknowledge that you have read the Terms Of Service and the comment you are posting is in compliance with such terms. 
blog comments powered by Disqus
  • fatal_accident_investigation

    Extensive Investigation into Triple Fatal Accident

    An extensive investigation is underway to determine the cause of death in a triple fatal rollover accident Monday morning in Santa Barbara.

  • Triple Fatal Auto Accident on Highway

    3 Dead In Early Morning Accident, Driver Arrested For DUI

    The 101 southbound through Santa Barbara reopened just before 12:30 Monday afternoon as authorities investigate what they say was a deadly two car DUI accident.

  • girl_child_coughing_sick_whooping_cough

    Contagious Diseases Making a Comeback in California

    Deadly diseases that were a thing of the past are making a comeback in California.

  • Witnesses to Fatal Crash

    Eyewitnesses See Triple Fatal Crash from Roadside Camp

    A homeless couple watching the freeway from their campsite in Santa Barbara this morning, witnessed the triple fatal accident that took the lives of two teens and a young man.

  • fuzion_store_business_santa_barbara

    UCSB Group Boycotts Business For Promoting Deltopia

    A UCSB student group is boycotting a local business for creating the Deltopia Facebook page, which they said brought in thousands of outsiders to the small college town.

  • Triple Fatal Auto Accident on Highway

    DUI Driver in Fatal Early Morning Accident Ordered to Detox Program in 1995

    The Santa Barbara woman arrested for DUI in the early morning accident that left three people dead early Monday morning has a lengthy court record out of Ventura County. Kimberly Kreis, 52, was ordered to serve 30 days in a detox program as far back as 1995.

    The car that Kreis was driving crashed into a disabled Mazda near the Castillo off-ramp of the southbound 101 freeway in Santa Barbara. Two 17 year old North Torrance High School students were killed in the accident- Jessica Leffew and Danielle Murillo. 20 year old Brian Lopez also died in the wreck. The driver of the Mazda, Eric August, is hospitalized in critical condition.

    A NewsChannel 3 investigation found records out of Ventrua County that appear to show that Greis has at least one prior conviction involving drugs and or alcohol, and in 1995 she was ordered to serve 30 days in a Cottage Hospital detox program.

    CHP investigators are still trying to piece together why the Mazda veered right into a guardrail, causing it to flip onto it's roof before coming to rest in the middle of the southbound freeway, which set into motion the deadly accident.

    CHP Officer Jonathan Guiterrez, said "A lot of things could have happened, He could have fallen asleep. We just don't know at this point."

  • Larry Lee Cal Poly Coach

    Cal Poly Baseball Earns No. 1 National Ranking

    The Mustangs achieved the school's second No. 1 national ranking in Division I as Collegiate Baseball Newspaper has placed Cal Poly atop its Top 30.

  • Parents of Mallory Dies Sue Congresswoman, Her Former Aide, and U.S. Government

    The parents of a young Santa Barbara woman killed in a high profile, DUI case are suing Congresswoman Lois Capps, her former aide Raymond Morua, and the U-S government in federal court.

  • Lupita Nyong'o

    REUTERS/Danny Moloshok

    People's 'World's Most Beautiful' list 2014

    People magazine recently named Lupita Nyong'o its "World's Most Beautiful" for 2014. See which other ladies earned a coveted spot on the annual list.

  • Slideshow: Extensive Investigation into Triple Fatal Accident

    An extensive investigation is underway to determine the cause of death in a triple fatal rollover accident Monday morning in Santa Barbara.