Bill to Increase Prison Sentences for Sex Offenders on Governor’s Desk

A bill by state Sen. Patricia Bates (R-Laguna Beach) that would increase prison sentences for high-risk sex offenders who tamper with their electronic tracking devices is reported to be headed to Governor Jerry Brown’s desk for approval. The bill was inspired by the Orange County serial killings of four women who disappeared from high-prostitute areas of Santa Ana and Anaheim. The subsequent investigation showed that the two men involved, Steve Gordon and Franc Cano, twice cut off their monitoring devices and fled to Alabama and Las Vegas.

Bates’ bill would make it a felony for the most egregious sexual offenders to remove their GPS monitors, with prison terms for that violation up to three years. Eligible crimes include rape, spousal rape, and rape of a child. The bill was passed by the California Assembly and now awaits Jerry Brown’s signature to become California state law.

Definition of Rape

There are some main elements that must always be met in order to meet the legal definition of rape. According to the California Penal Code 261 rape occurs when one engages in any form of sexual intercourse with another person against that person’s will or without that person’s consent. This means there needs to be physical force, violence, duress, fear of bodily harm, or fraud. Rape in California is always considered a felony and the punishment for it includes three, six, or eight years imprisonment.

Spousal/Marital Rape is Still Rape

Spousal and marital rape is still considered rape and falls under the umbrella of California’s rape law, even though it is charged under a different statute. Spousal rape (aka ‘marital rape’) may be loosely defined as the rape of your legal spouse (wife or husband). It has the same elements as rape in PC 261, but adds that intercourse obtained by the use of drugs or alcohol if one knows that his/her spouse cannot resist substances as an element to the coercion. California Penal Code 262 makes spousal rape a felony punishable by the same penalties as rape.

California Sex Crimes Lawyer

If you have been arrested or charged with a sex crime, the Law Offices of David Boertje will thoroughly investigate your case, including DNA and other forensic evidence, and determine whether any witnesses for the prosecution are unreliable, whether the alleged victim lied about what happened, whether the case is one of mistaken identity, or whether other evidence exists that strengthens your defense. Rape charges and accusations are serious. They can ruin your future and reputation. If you have been charged with a sex crime, do not hesitate to contact us today for your free and confidential consultation. Our attorneys will fight for you.