New rape law based on case at Stanford

Sex crime gets redefined after campus assault furor

SACRAMENTO — California will increase potential penalties for people convicted of certain sex crimes, an action inspired by the Stanford University sexual assault case that sparked national outrage this spring.

Gov. Jerry Brown signed a bill Friday that will redefine rape to include unlawful penetration by any object. The bill was among several pieces of legislation he signed this week to help rape victims seek justice, including a law signed Wednesday that will erase the state’s 10-year statute of limitations on sex crimes. The deadline to sign all bills was Friday, and most take effect Jan. 1.

In all, Brown signed 898 bills this year, vetoed 159 bills and allowed two pieces of legislation to become law without his signature.

Lawmakers said they were “disgusted” by the light sentence handed to former Stanford stu-

dent Brock Turner, 20, who was convicted of three felony counts of sexual assault after he digitally penetrated an unconscious and intoxicated woman last year.

Santa Clara County Superior Court Judge Aaron Persky sentenced Turner to six months in jail, but the former Stanford student served just half that time and was released Sept. 2.

Turner was charged with felony sexual assault, not felony rape, because California Penal Code 261 defines rape as an unlawful “act of sexual intercourse.” Since the victim was penetrated by Turner’s finger, the crime was classified as sexual assault.

Under the bill just signed into law, AB701, the definition of rape will include penetration by any object against the will of a person unconscious or incapable of consent. That change aligns California’s Penal Code with the FBI’s definition of rape and will allow prosecutors to seek tougher penalties.

“Sexual penetration without consent is rape,” the bill’s author, Assemblywoman Cristina Garcia, D-Bell Gardens (Los Angeles County), said in a statement. “It is never invited, wanted or warranted. Rape is rape, period. When we fail to call rape ‘rape,’ we rob survivors and their families of the justice they deserve.”

On Friday, Brown also approved a bill that will ban judges from granting probation to people convicted of sex crimes against an unconscious or severely intoxicated victim.

Assemblyman Evan Low, D-San Jose, said the bill he authored will end a discrepancy in sentencing. Some people convicted of sexual assault involving penetration have received an automatic prison sentence, while others have been eligible for parole, depending on their use of force. The problem, Low said, is that unconscious or severely intoxicated victims can’t resist, so no force is used and those crimes can receive a lighter sentence.

Low’s bill, AB2888, requires prison for anyone convicted of sexual assault involving penetration.

In his signing message, Brown said he generally opposes adding more mandatory minimum sentences.

“Nevertheless, I am signing AB2888 because I believe it brings a measure of parity to sentencing for criminal acts that are substantially similar,” Brown wrote.

Brown signed another bill Friday that requires the Department of Justice, law enforcement and crime victims groups to create a process that allows victims of sexual assault to track the progress of their rape kit.

AB2499 by Assemblyman Brian Maienschein, R-San Diego, follows years of reports about massive backlogs of unprocessed rape kits across the nation.

Brown also signed these bills: AB1671 by Assemblyman Jimmy Gomez, D-Echo Park (Los Angeles County), which makes it illegal to secretly record the communications of health care providers. The bill also clarifies that someone who secretly records a confidential matter would be subject to fines and penalties for each violation.

The bill stems from hidden-camera footage last year that purported to show Planned Parenthood officials discussing the sale of body parts from aborted fetuses. Planned Parenthood, which says the footage was manipulated, wanted the bill to protect employees from future secret recordings.

AB1676 by Assemblywoman Nora Campos, D-San Jose, which prohibits employers from using a person’s past salary to justify pay differences between male and female employees who do substantially similar work. Supporters said the bill would help close the gender wage gap.

SB1063 by Sen. Isadore Hall, D-Compton (Los Angeles County), which prohibits employers from paying workers of different races or ethnicities differently if they do substantially similar work.

SB1004 by Sen. Jerry Hill, D-San Mateo, which creates a pilot project in five counties where lowlevel offenders from 18 to 21 years old can serve their sentence at a juvenile facility instead of county jail and have their record sealed after completing the program.

In his signing message, Brown called the pilot project innovative, and urged the Legislature to explore other diversion programs.

AB1682 by Assemblyman Mark Stone, D-Monterey, which prohibits secret settlements in civil cases involving allegations of childhood sexual abuse and exploitation.

AB501 by Assemblyman Marc Levine, D-San Rafael, which declares that denim is the official fabric of the state of California.

Brown vetoed 28 bills Friday, including SB654 by Sen. Hannah-Beth Jackson, D-Santa Barbara, which would have required small businesses with more than 20 employees to allow new parents to take six weeks of unpaid leave without losing their job.

Under current law, only employees at companies with 50 or more workers are eligible for job-protected leave, with those workers receiving up to 12 weeks of parental leave.

The bill was expected to benefit 2.7 million workers who don’t currently have a guarantee that they can keep their job if they take time off following the birth of a child. The legislation was heavily opposed by business groups that said it would be too costly for employers.

Brown said he was concerned about the impact a new mandate would have on small businesses.

“I believe everyone deserves the basic right to take time off to care for a newborn,” Jackson said in a statement. “With more women in the workforce than ever before, supporting working families through more family-friendly workplace policies has become elevated as a national priority.”