Press Release

Bipartisan Bill Introduced to Make Rape of an Unconscious Person a Violent Felony

Senator Alvarado-Gil (D-Jackson) introduced a new public safety bill this week making rape of an unconscious person a violent felony in California.

The current law in California deems rape as a “violent felony” only when committed against a person’s will by means of force, violence, duress, menace, fear, or the threat of violent retaliation. It does not address rape situations when the victim is unconscious or otherwise unable to give consent. This new bill will make all forms of rape a violent felony, including situations where the victim is disabled, intoxicated, or unconscious.

“I am proud to introduce bipartisan legislation that brings parity to victims of sexual assault. Over the last several years, California has gotten tougher on prioritizing the rights of rape victims over their perpetrators by increasing sentence enhancements for those who rape their spouses and by eliminating the code section defining spousal rape altogether. It is now time to declare that all forms of rape are a violent felony – even if the victim is unconscious or unable to give consent,” explained Alvarado-Gil.

Sexual assault statistics in California are staggering, especially when you consider that over two-thirds of rapes go unreported. According to the World Population Review, there are almost 15,000 cases of rape reported every year in the state of California, but that’s less than one-third of what actually occurs. This means over 30,000 victims suffer in silence every year. “Our hope is to give these victims a voice and the courage to step forward and report the assault so we can seek justice and help reduce these staggering numbers,” stated Alvarado-Gil.

Sherriff Jeff Dirske of Stanislaus County fully supports and endorse this change to the law stating “It is imperative that we hold criminals accountable for their actions and it is unfathomable that this is currently treated as a misdemeanor. I’m confident that any victim of this horrific crime would agree that they were violently violated.”

To learn more about Senator Alvarado-Gil please go to: https://sd04.senate.ca.gov/.

Senator Alvarado-Gil represents the 4th Senate District including the Counties of Alpine, Amador, Calaveras, El Dorado, Inyo, Madera, Mariposa, Merced, Mono, Nevada, Placer, Stanislaus, and Tuolumne.

Contact: Kara Sather (916) 651-4004 Kara.sather@sen.ca.gov

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Senator Alvarado-Gil presenting a bill to make rape of an unconscious person a violent felony.