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Committee advances bill to eliminate spousal exemption for sex crimes involving people with disabilities
Summary
SB 258 would remove a longstanding spousal exception that currently makes certain sexual offenses against spouses with disabilities non-criminal; advocates and prosecutors urged the committee to pass the bill while disability-rights groups asked for amendments to protect consensual relationships and define capacity standards.
The Assembly Public Safety Committee voted to pass SB 258 to the Appropriations Committee after a lengthy hearing in which author Sen. Wahab and multiple victims, prosecutors and disability-services groups presented competing perspectives on removing the spousal exception from criminal statutes covering sexual assault of people who cannot consent because of disability.
Sen. Wahab described the bill as a narrow measure to "declare sex is sex" and to close a loophole that allows an adult to escape criminal liability for sex with a spouse who cannot consent because of an intellectual or developmental disability or an age-related cognitive impairment. Terry Harmon, assistant district attorney with the Santa Clara County District Attorney's Office, told the committee marriage should not be a defense to sexual assault. Tony Anderson of the Association of Regional Center Agencies (ARCA) described higher rates of sexual assault against people with developmental disabilities and said the exemption was unfair.
Opposition and concerns: Disability Rights California and other disability-led groups said they do not oppose protections for victims, but they argued the bill as drafted could criminalize consensual relationships and fails to update legal standards and procedures used to assess capacity to consent. DRC and other speakers asked for amendments to define capacity, protect the rights of people with disabilities to intimate relationships, and ensure that the measure would not be used to prosecute consensual conduct or be applied without expert assessment. Several public defenders, ACLU California Action and civil-rights groups registered respectful opposition unless amendments were made.
Committee action: The committee took testimony from many witnesses, then, after discussion, the committee had a roll-call and the chair recommended an "aye." The motion was moved and seconded and the clerk called the roll; the committee voted to pass SB 258 to the Appropriations Committee. Members expressed that they expect further engagement between the author and disability-rights organizations as the bill proceeds.
Ending: Supporters described the bill as a restorative move toward equal protection for people with disabilities; disability advocates urged continued negotiation to protect consensual relationships and ensure legal standards for capacity are clear.
