Spousal Rape Exemptions Persist
The spousal rape exemption is a legacy from 17th century English common law in which women were essentially the sexual property of their husbands—the theory being that they had given irrevocable sexual consent at marriage. Since the 1970s, 42 states have removed these exemptions, but California has lagged behind.
Assembly Bill 1171 (Chapter 626, Statutes of 2021) eliminated most differences between how spousal rape and non-spousal rape are treated in the California law but there is still one remaining disparity when a person is unable to consent due to a disability.
We must continue the fight until every survivor is protected. SB 258 eliminates the last California spousal rape exemption and establishes that rape is rape, regardless of a victim’s abilities and their relationship to the perpetrator.
California is one of a tiny handful of states with a spousal rape exception.
Silent Epidemic of Sexual Violence
Against Disabled People
Disabled people are four times as likely to be sexually assaulted compared to their nondisabled counterparts, according to a survey conducted by the U.S. Department of Justice. The same survey found that less than 1 in 5 sexual assaults against disabled people are reported. Even when they do report, disabled survivors are often not believed, leaving them isolated and without essential support.
The Center for American Progress took a deeper look at sexual violence and the disability community, "...People with disabilities—and especially women—already experience ableism in a world not designed to meet their access needs. This forces them to deal with an additional level of objectification in a patriarchal society with a power dynamic that restricts access and autonomy."