Senator Marie Alvarado-Gil Leads the Charge for Sexual Assault Survivors with SB 268
SACRAMENTO -- Senator Marie Alvarado-Gil (D-Jackson) took a bold step forward in the fight against sexual violence, Wednesday, as she spearheaded a powerful press conference in spotlighting Senate Bill 268. The bill will classify the intentional intoxication of a person as a violent felony in California, closing a dangerous legal loophole that currently fails to recognize the violence inherent in the rape of an unconscious person.
Joined by survivors and a coalition of like-minded lawmakers and dignitaries including State Treasurer Fiona Ma, Amador County Sheriff Gary Redman, El Dorado County Sheriff Jeff Leikauf, and District Attorneys from Placer, El Dorado, and Stanislaus counties, Senator Alvarado-Gil emphasized the urgent need for legislative action to protect survivors of sexual assault.
The bill has garnered the support of California Lieutenant Governor Eleni Kounalakis, who stressed the implementation of robust laws against sexual violence. “Any act of rape is inherently a violent act, even more so when a victim is intentionally drugged and then violated. It's time that our laws reflect the gravity of these heinous crimes and provide survivors the justice and protection they deserve,” said the Lieutenant Governor. “I am grateful Senator Alvarado-Gil is addressing a critical gap in our state’s criminal justice system and for her courageous leadership in the fight for justice for survivors.”
Assemblymember Sabrina Cervantes, principal co-author of the bill, underscored the critical importance of Senate Bill 268, stating, “The assertion that the inherently violent act of raping an intentionally intoxicated individual would be anything but a violent felony is beyond belief. It is time for our laws to match reality, and that is why Senate Bill 268 must become law."
Placer County District Attorney Morgan Gire, speaking on behalf of the California District Attorneys Association, echoed this sentiment, affirming, “Senate Bill 268 prioritizes sexual assault victims and survivors and classifies the rape of an intoxicated person exactly as it is: a violent felony. Victims and survivors who are drugged and sexually assaulted suffer a lifetime of trauma at the hands of offenders who render their victims incapable of resisting. From bail considerations to Proposition 57 exclusions, these offenders need to be held accountable for exactly what they do: committing violent sexual offenses. I applaud Senator Alvarado-Gil for bringing this bill forward. To the Public Safety committees in both houses, I encourage you to pass this bill swiftly and allow the Legislature and the Governor to meet the moment and do what is right for survivors of sexual assault.”
Senator Alvarado-Gil, herself a survivor of sexual assault, stressed that all forms of rape are violent. She stated, “We cannot continue to “under punish” these perpetrators in California. The rights of survivors who were sexually assaulted while incapacitated must be prioritized and protected, not the other way around. With Senate Bill 268, we have an opportunity to fix this dangerous loophole and ensure survivors are not re-victimized by a legal system that fails to recognize the gravity of their trauma."
Tonja Balden, a courageous survivor of Andrew Luster, a serial rapist who used GHB to drug women and perpetrate his crimes, bravely shared her story, adding this firm reminder: “SB 268 absolutely must pass legislation so that rapists like mine, who intentionally drug their victims to the point of unconsciousness and then violently rape them, should be charged with a violent felony. The fact that this crime is classified as “non-violent” is a disgrace to the justice system and to the many victims who are raped by perpetrators like this. Change this law and make these rapists pay for the violent acts they committed.”
The Senator’s press conference, coinciding with Denim Day and National Sexual Violence Awareness Month, served as a powerful call for Californians to commit to standing with survivors and against perpetrators of violence.
“In California, we stand for a future where every voice is heard, and every survivor is seen,” Senator Alvarado-Gil concluded.
Watch the press conference for more information on Senate Bill 268 and Senator Alvarado-Gil’s efforts to combat sexual assault, including compelling testimonies from two survivors: Sen. Alvarado-Gil's Legislation Strengthens Sexual Assault Laws in California | California Senate District 4
To send a letter of support for SB 268, please visit: https://calegislation.lc.ca.gov/Advocates/. Letters of support must be on letterhead and submitted through this link.
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.
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