Legislation would eliminate spousal rape exception

DOWNEY — Rape committed by a spouse would be treated like a rape committed by a stranger or anyone else, according to legislation introduced Monday by Assemblymember Cristina Garcia. 

California is currently one of 11 states that distinguishes “spousal rape” from “rape.” 

AB 812, introduced by Garcia and co-author Assemblyman Evan Low, would eliminated the “spousal rape exception” in the California Penal Code to ensure that spousal rape is treated and punished as seriously as the rape of a non-spouse. 

According to the National Coalition Against Domestic Violence, between 10-14% of married women have been or may experience rape by their spouse. 

Additionally, 18% of these victims reported that their children witnessed the rape. 

"The idea of ‘spousal rape’ is antiquated,” said Garcia. “In California, we have long since decided that ‘no means no’ and ‘rape means rape.’ AB 812 is a simple bill that puts California's legal code in line with our social values." 

AB 812 joint author, Assemblymember Evan Low said of the legislation, "The relationship between a person who is raped and their attacker — whether they are strangers, friends, or even spouses—should not have any importance in the eyes of the law,” said Low. “Rape is rape. It's one of the most vicious crimes imaginable­­––we should prosecute it to the fullest extent of the law."