Rape reform bill passes Assembly, awaits governor's signature

DOWNEY – California State Assemblymembers voted overwhelmingly Wednesday in favor of modernizing and equalizing California’s spousal rape law.

AB 1171 will amend California’s rape statutes by requiring the same standards for “spousal rape” that is currently in the penal code for rape.

The bill eliminates the “spousal rape exception” in the California Penal Code (Section 262) to ensure that “spousal rape” is treated and punished as seriously as the rape of a non-spouse.

Although spousal rape is illegal in all 50 states, California is one of nine states that distinguishes spousal rape from rape. Idaho and Ohio have recently passed spousal rape reform bills.

A coalition of woman’s justice advocates and reform minded prosecutors joined bill author and Assemblymember Cristina Garcia (D- Bell Gardens) in celebrating the vote.

“From the beginning of our efforts, we have been clear that rape is rape. And a marriage license is not an excuse for committing one of society’s most violent and sadistic crimes,” said Garcia. “AB 1171 will put the power of the law to help enforce that truth.”

The bill has been supported by instrumental advocates Michele Dauber and the Enough Is Enough Voter Project, California National Organization for Women, Feminist Majority, and several California District Attorneys including Los Angeles County DA George Gascon, San Joaquin County DA Tori Verber Salazar and San Francisco District Attorney Chesa Boudin.

According to the National Coalition Against Domestic Violence (NCADV), between 10-14% of married women have been or may experience rape by their spouse. Additionally, 18% of these victims state their children have witnessed the rape.

“AB 1171 will give victims of rape, irrespective of marital status, hope that crimes committed against them will be justly punished. Rape is rape, and we must continue to fight for our survivors, regardless of who victimized them,” said San Joaquin DA Salazar.

“This bill will ensure that our laws protect all victims of sexual abuse and that rape committed against a spouse is treated just as seriously under the law as rape against any other victim,” added San Francisco DA Boudin. “I support AB 1171 to bring about necessary protections for domestic violence victims who suffer sexual abuse and hold those who commit spousal rape accountable.”

Lieutenant Gov. Eleni Kounalakis said marital rape “should be treated just as seriously as any other form of sexual assault, and it is shocking that it isn’t under current California law.

“I thank the Legislature for voting to right this wrong and send this important bill to the governor’s desk,” she said.

The bill was passed out of the Assembly and the Senate with wide bipartisan support. The bill now awaits Governor Gavin Newsom’s signature.

“The first question a rape victim is asked should not be whether or not they are married,” Garcia said. “Rape is rape.”