Bill Targets Spousal Rapists for Longer Prison Sentences

Legislation to sentence spousal rapists to the same prison terms as other rapists has been introduced in the state Assembly.

The measure (AB 187) by Assemblywoman Hilda Solis (D-El Monte) would send most convicted spousal rapists to state prison for up to eight years.

Current law provides that spousal rape can be prosecuted either as a misdemeanor with a maximum one-year sentence in county jail or as a felony with a penalty of three to eight years in state prison.

Most district attorneys charge spousal rapists with a misdemeanor because juries are often reluctant to send the defendant, usually an estranged husband, to prison for the longer sentence.

“This is a long overdue piece of legislation that would eliminate a terrible double standard,” Solis said. “There is no justification to impose lesser criminal penalties for spousal rape than non-marital rape.”

The California Alliance Against Domestic Violence is the sponsor of the bill. Eighteen states have such laws.

ASSEMBLY

Committee Action

State Audits: The Rules Committee approved a bill (AB 5) by Assembly Speaker Willie Brown (D-San Francisco) to establish a Bureau of State Audits within the independent Commission on California State Government Organization and Economy, better known as the Little Hoover Commission. The former auditor general’s office fell victim to legislative cuts required by Proposition 140 in 1990. A 6-0 vote sent the bill to the Ways and Means Committee.

Bill Introductions

Chemical Castration: AB 189 by Assemblyman B.T. Collins (R-Carmichael) would allow the courts to require chemical castration for three-time convicted rapists.

Jazz: AB 188 by Assemblyman Willard Murray Jr. (D-Paramount) would authorize the establishment of an Institute for the Preservation of Jazz at Cal State Long Beach. Funding would have to come from private sources.

State Salaries: AB 173 by Assemblywoman Valerie Brown (D-Sonoma) would limit the amount of money paid to a chairperson or member of any state board or commission to an amount no greater than the annual salary ($52,500) paid to members of the Legislature.

Educational Choice: AB 194 by Assemblyman Bernie Richter (R-Chico) would allow elementary and secondary pupils who attend schools that rank lowest on statewide achievement tests for three consecutive years to transfer to other schools that have higher test results if there is space available.

Workers’ Compensation: AB 176 by Assemblyman William Knight (R-Palmdale) would prohibit psychiatric injury claims in workers’ compensation cases.

Miscellaneous

Tardy Lawmakers: The Assembly has unanimously voted to discipline members who are late arriving for floor sessions by making them stand up and explain their reasons. The explanations will be televised by cable television stations that carry the sessions. Late means half an hour or more after the scheduled start of the session. “If you’re late, you can make a statement, and you don’t need a note from your parents?” quipped Assemblyman Stan Statham (R-Oak Run). “It (a note) would be helpful for some of the juvenile members of the house,” replied Assemblyman John Burton (D-San Francisco), chairman of the Rules Committee, which drafted the requirement.