The California Senator who was behind the move to downgrade of the intentional transmission of HIV from a felony to a misdemeanor now is now spearheading new legislation that would allow a judge to decide whether a potential sex offender who committed statutory rape against a minor who is less than 10 years younger than them must register as a sex offender.
The controversial bill introduced by Sen. Scott Wiener, D-San Francisco, served to downgrade certain statutory rape cases not involving heterosexual sex–or vaginal penetration–if the act was deemed consensual. This law would allow judges to use their own discretion when determining whether, for example, a 24-year-old who statutorily raped a 15-year-old, must register as a sex offender.
“Last night the CA State Legislature passed #SB145 and it now goes to Gov. Newsom. It would lower the penalties for adults who have sex [with] willing same-sex minors. Judge could decide if adult has to register as sex offender if the offender is within 10 years of age of victim,” wrote California journalist Bill Melugin on Twitter.
Last night the CA State Legislature passed #SB145 and it now goes to Gov. Newsom. It would lower the penalties for adults who have sex w/ willing same-sex minors. Judge could decide if adult has to register as sex offender if the offender is within 10 years of age of victim.
— Bill Melugin (@BillFOXLA) September 1, 2020
Via the San Francisco Examiner:
Currently, while consensual sex between 15- to 17-year-olds and a partner within 10 years of age is illegal, vaginal intercourse between the two does not require an offender to register as a sex offender. Other forms of intercourse such as oral and anal intercourse require sex offender registration.
That practice, according to Wiener, disproportionately targets young LGBT people, who usually cannot engage in vaginal intercourse.
Senate Bill 145 would put an end to “blatant discrimination against young LGBT people engaged in consensual activity,” Wiener said in a statement.
“This bill is about treating everyone equally under the law. Discrimination against LGBT people is simply not the California way,” Wiener said. “These laws were put in place during a more conservative and anti-LGBT time in California’s history. They have ruined people’s lives and made it harder for them to get jobs, secure housing, and live productive lives. It is time we update these laws and treat everyone equally.”
National File previously reported on the bill:
According to Bay Area Reporter:
Gay state Senator Scott Wiener (D-San Francisco) is the lead author of the legislation, Senate Bill 145. It would grant judges discretion to decide if a person should have to register as a sex offender if that person is within 10 years of age of a consensual sexual partner between the age of 14 and 17 and engages in oral or anal intercourse with the younger person. Under current law, the person would automatically be added to the state’s sex offender registry.
Yet, in cases where the consensual sex involved vaginal intercourse between an adolescent heterosexual couple, judges have the discretion to decide if listing on the sex offender registry is warranted. EQCA said Friday that it would continue to work with Wiener and other backers of SB 145 to pass it in 2020.
According to Freedom Project, California currently decides on a case-by-case basis by judges whether a rapist, who is within ten years of the age of the victim, should be added on the sexual offenders’ registry.
Democrat Assemblyman Lorena Gonzalez initially blocked the proposal, saying, “No sex between a 24 and 14 year old is consensual.”
In addition to the controversial bill proposed by Sen. Wiener and his involving behind downgrading HIV transmission from a felony to a misdemeanor; last year, the California Senator strived to allow illegal immigrants to run for Democratic Party seats.
