Governor of California signs bill that under law considers all sexual assault as rape

questioningwoman · 2017-05-17T20:10:49+00:00

I think it's a bad idea because then people will start taking rape less seriously. There has to be nuance or else rape becomes more normalized.

Atlas_B_Shruggin · 2017-05-17T21:23:18+00:00

all forms of nonconsensual sexual assault may be considered rape for purposes of the gravity of the offense and the support of survivors and would state that this is declarative of existing law

you COMPLETELY ignored this part of the law, which is the reason why its happening. it is an attempt to ameliorate the sentencing in the brock turner case for future defendants and for the "support of survivors" which i think most like means services otherwise available only to RAPE victims

pinching someone ass is NOT sexual assault or battery under california law

The defendant touched the victim's intimate parts while the victim was restrained by the defendant or another person. The touching may occur through direct contact to the victim's skin or indirect contact through the victim's clothing.
The touching was against the victim's will. The prosecutor must establish that the victim did not consent to the contact.
The defendant intended to engage in the unwanted touching for the purpose of sexual gratification, sexual arousal, or sexual abuse. If the defendant touched the victim for a non-sexual purpose, such as a medical professional conducting an examination, it might be more difficult for the prosecutor to establish the required elements for a successful case.

ALL THREE OF THESE ELEMENTS MUST BE ESTABLISHED FOR THERE TO BE SEXUAL ASSAULT/BATTERY

stop misrepresenting the law in order to panic monger

sublimemongrel · 2017-05-17T21:24:39+00:00

We need several real lawyers in here to parse the actual law. The rest of the commentary without real legal representatives is ignorant bullshit.

SmurfESmurferson · 2017-05-17T20:12:34+00:00

Calm down, it looks like it's not going to be used against someone who gropes.

The text:

The Legislature finds and declares that all forms of nonconsensual sexual assault may be considered rape for purposes of the gravity of the offense and the support of survivors.

I'm not sure how California's legal system works, but it looks like they're specifically addressing the following:

Existing law additionally makes various acts, including sodomy and oral copulation without consent or sexual intercourse with a minor, unlawful as sexual assault

I have to imagine it's going to be refined through the court system, but it looks like it might have the benefit of opening up some avenues of victim services to people who need it, but hadn't previously met the legal definition of rape.

Electra_Cute · 2017-05-17T20:39:40+00:00

Why would sexual assault be considered rape? Is this right?

It can be just as bad and malefic as rape in some cases.

Does this give credit to the idea there is an anti-male bias in the government or liberal governments to be specific?

Anti-male bias, now males are losing their right to sexually assault... If they include all forms of sexual assault as rape, which is kind of crazy in my opinion, then it will just have different degrees. Sticking your hands on a passed out person's genitals is still going to be less severe than beating someone and forcing them into sex.

Would you consider a guy who pinched a girl's ass in a party worthy of a rape charge?

That is technically sexual assault, but it would not even go to court in most cases, that really is not worth the time, it would be similar to suing someone for five dollars.

Atlas_B_Shruggin · 2017-05-17T20:07:31+00:00

In theory the law wouldn't be biased for* women, a guy who got groped for whatever reason could just as easily press charges. It probably would end up like that if implemented because of how juries would see it.

In practice it probably won't take long for edge cases to push this to a ~~federal~~ (this is wrong, my bad) court that will throw the law out. In the time that it gets to be active it might unfairly hurt some people more then they deserve though

ThrowawayCactus6012 · 2017-05-17T20:49:45+00:00

Well, since I have no plans to sexually assault anyone, I'm not too worried about it.

I agree it does seem rather ludicrous to define something as "rape" if it only amounts to pinching someone's butt.

sublimemongrel · 2017-05-17T21:16:41+00:00

Hold up hold up hold up. My interpretation of this is that it's bringing crimes defined under this section of the CA penal code into the fold, NOT this one.

Fellow lawyers of PPD how are you interpreting this?

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HighResolutionSleep · 2017-05-17T22:22:25+00:00

All of this because some dude finger banged some passed out woman at a frat party.

Entropy-7 · 2017-05-18T04:43:16+00:00

I don't know the specifics of California law. If they redefine any penetration of the mouth, anus or vagina as "rape", then I don't see a particular problem with that.

However, under, say, Canadian law, any non-consensual touching for a sexual purpose is sexual assault (there is no such legal thing as "rape" under Canadian law). The only division is "aggravated sexual assault" where the victim is severely injured. Plus, under Canadian law, there are no minimum sentences. Ass pinching/slapping and "copping a feel" or even an unwanted kiss is a sexual assault.

From a quick look at the California Penal Code, there is no such thing as "sexual assault". There is "rape" where there is "sexual intercourse" and a separate provision for sodomy and oral penetration. As far as I can tell, a pinch on the ass would simply be battery; unless there is penetration, it is not considered "sexual".

Reference

5th_Law_of_Robotics · 2017-05-18T13:17:34+00:00

I will predict that this will not be applied in a gender neutral way.

despisedlove2 · 2017-05-20T16:54:12+00:00

Time was when California led the country in most social trends.

Guess that that is holding even through the decline.

Title	Governor of California signs bill that under law considers all sexual assault as rape
Author	soccerstar77
Upvotes	14
Comments	137
Date	May 17, 2017 8:05 PM UTC (9 years ago)
Subreddit	Posted in /r/PurplePillDebate
Original Link	https://old.reddit.com/r/PurplePillDebate/comments/6br7a0/governor_of_california_signs_bill_that_under_law/
Archive Link	https://theredarchive.com/r/PurplePillDebate/governor-of-california-signs-bill-that-under-law.268060 https://theredarchive.com/post/268060

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