Close a Loophole — Protect Disabled Spouses from Marital Rape

I am writing to express my support of Senate Bill (SB) 258, which closes a loophole in California law that permits the rape of a spouse who is unable to consent due to a disability. Since the 1970s, 42 states have passed laws to remove spousal rape exemptions, but California, shockingly, 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 law, but a disparity remains when a person is unable to consent due to a disability. An estimated 1 in 10 women have been raped by a spouse. For disabled spouses, this number is likely higher, as disabled people are four times as likely to be sexually assaulted compared to their nondisabled counterparts, according to the U.S. Department of Justice.  SB 258 eliminates this double standard and establishes that rape is rape, regardless of a victim’s abilities and their relationship to the perpetrator. For all of these reasons, I support SB 258 and I respectfully request a “YES” vote. Please do what you can to support passage of this necessary law.