A bill recently passed by the California State Assembly would close a loophole in the mandatory sentencing time for people found guilty of sexual assault if signed into law.
Currently, California state law treats sexual assault cases differently, depending on whether the victim was unconscious or not.
In sexual assault cases, the use of force triggers a mandatory denial of probation. However, a victim who is unconscious or heavily intoxicated is legally unable to resist, thus meaning the perpetrator did not technically use force in the assault.
AB-2888, which was passed through the assembly Aug. 29 with unanimous support, would mandate that anyone found guilty of sexual assault is not eligible for probation.
The bill was authored by Assembly members Bill Dodd, D-Napa, Evan Low, D-Silicon Valley, and State Senator Jerry Hill, D-San Mateo and Santa Clara.
In a statement on his website, Dodd said that the laws regarding sexual assault need to change.
“Sexually assaulting an unconscious or intoxicated victim is a terrible crime and our laws need to reflect that,” Dodd said. “Letting felons convicted of such crimes get off with probation discourages other survivors from coming forward and sends the message that raping incapacitated victims is no big deal.”
The bill was inspired by the recent sexual assault case involving Brock Turner.
Turner, a former student-athlete at Stanford, was found guilty on three felony charges of sexual assault on an intoxicated, unconscious 23-year-old-woman by a dumpster after a party in 2015.
While the convictions in the case carried a potential 14-year prison sentence, Santa Clara County Superior Court Judge Aaron Persky sentenced Turner to six months in a county jail and three years of probation.
Turner was released from jail Friday, after serving only three months of his sentence.
“This bill is about more than sentencing; it’s about supporting victims and changing the culture on our college campuses to help prevent future crimes,” Dodd said.
AB-2888 will not become state law until it receives a signature from Gov. Jerry Brown.
Brown has until Sept. 30 to sign or veto the bill.