Bill to close rape loophole, protect victims clears major hurdle

"This is not a victory for me, it is a victory for her, for him, for all the victims of rape who are served half portions of justice by the current system." - Senator Alvarado-Gil

Today, the California State Assembly Appropriations Committee unanimously approved Senate Bill 268, authored by Senator Marie Alvarado-Gil (R-Jackson), which will close a loophole in current law that allows certain rapists to receive preferential treatment in sentencing and early release proceedings.

Senator Alvarado-Gil - herself a victim of sexual assault - has been a staunch advocate on the issue since being elected to the senate in 2022 and SB 268 has received widespread support from legislators and victims' rights groups on all sides of the political spectrum.

"I sincerely appreciate the bipartisan, positive vote of the members of the Assembly Appropriations Committee today," said Senator Alvarado-Gil. "This is not a victory for me, it is a victory for her, for him, for all the victims of rape who are served half portions of justice by the current system. No rape is less serious than the other. No rape is more acceptable than another. And no law should tell a victim that what happened to them is not as significant as what happened to someone else. Today, we took a huge step away from that and I couldn't be more pleased."

Senate Bill 268 will classify rape of an intoxicated person as a violent felony. By reclassifying it as such, criminals whose victims are intoxicated would be eligible for sentencing enhancements and ineligible for early release. It has experienced widespread bipartisan support in both houses of the legislature and will now move to the Assembly Floor for a full vote of that house.

"This is a rare, meaningful, and bipartisan win for victims' rights in California," said Senate Minority Leader Brian W. Jones(R-San Diego). "Under no circumstances should rapists be treated leniently because of some obscure loophole in the law. Today's outcome will help ensure victims get the justice they deserve and perpetrators are held accountable to the fullest extent of the law."

Senator Rosilicie Ochoa Bogh (R-Yucaipa) who also coauthored the bill, expressed her jubilation at the decision as well. She has been actively engaged in public safety reforms as a top priority throughout her tenure in the legislature and has worked actively to see SB 268 through the process.

"Every rape is serious and violent. Senate Bill 268 will ensure these predators are punished fully and all sexual assault victims receive equal justice," said Senator Ochoa Bogh. "This issue transcends partisan politics; it is a human issue, not a political one. I am encouraged to see that when something this imperative comes along, members of both parties are still able to put the people first as they have here today."