California Makes It Illegal To Remove Condom Without Consent

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SACRAMENTO, Calif. (AP) — California became the archetypal authorities to prohibit “stealthing,” oregon removing a condom without consent during sex, aft Gov. Gavin Newsom signed a measure into instrumentality Thursday.

The caller measurement amends the state’s civilian code, adding the enactment to the state’s civilian explanation of intersexual battery. That makes it wide that victims tin writer perpetrators for damages, including punitive damages.

It makes it amerciable to region condoms without obtaining verbal consent.

Democratic Assemblywoman Cristina Garcia primitively tried to marque it a transgression successful 2017 aft a Yale University study that twelvemonth said acts of stealthing were expanding against some women and cheery men.

Legislative analysts said past that it could already beryllium considered misdemeanor intersexual battery, though it is seldom prosecuted fixed the trouble successful proving that a perpetrator acted intentionally alternatively of accidentally.

The Erotic Service Providers Legal Educational Research Project supported the bill, saying it could let enactment workers to writer clients who region condoms.

Lawmakers successful New York and Wisconsin antecedently projected related legislation.

“This instrumentality is the archetypal of its benignant successful the nation, but I impulse different states to travel successful California’s absorption and marque it wide that stealthing is not conscionable immoral but illegal,” Garcia said.

Newsom besides approved a 2nd Garcia bill, this 1 treating the rape of a spouse the aforesaid arsenic the rape of a non-spouse, removing an exemption to the rape instrumentality if the unfortunate is joined to the perpetrator.

“Rape is rape,” she said. “And a matrimony licence is not an excuse for committing 1 of society’s astir convulsive and sadistic crimes.”

The exemption dates to an epoch erstwhile women were expected to obey their husbands. California had been 1 of 11 states to separate betwixt spousal rape and different forms of intersexual assault.

There is nary quality successful the maximum penalties, but those convicted of spousal rape presently tin beryllium eligible for probation alternatively of situation oregon jail. They indispensable registry arsenic enactment offenders nether existent instrumentality lone if the enactment progressive the usage of unit oregon unit and the spouse was sentenced to authorities prison.

On Wednesday, Newsom approved extending the statute of limitations for victims to record civilian claims if they were sexually assaulted by instrumentality enforcement officers who were connected duty, successful uniform, oregon equipped astatine the time.

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He besides approved a bill increasing entree to diversion programs for younker who perpetrate nonviolent felonies, with the extremity of encouraging much rehabilitation.