The same California senator whose bill downgraded the knowing transmission of HIV from a felony to a misdemeanor is now leading a which may make LGBT statutory rapists exempt from having to be put on a sex registry.
Senator Scott Wiener, who in 2017 propelled himself to international headlines over his controversial bill which downgraded the knowing transmission of HIV to a misdemeanor, has proposed Senate Bill 145 or “LGBTQ Young People Nondiscrimination in the Sex Offender Registry Act,” which would leave registration of a convicted offender up to the prerogative of the individual judge.
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.”
Activist group, Equality California, was irate at the bill’s blocking, and the proposal has taken on the form of a Civil Rights issue.
Rick Zbur, Equality California’s Executive Director, said, “Today, we are extremely disappointed with Assembly Appropriations Committee Chair Lorena Gonzalez for allowing an outdated law that discriminates against LGBTQ people to remain on the books.
“Law enforcement, sexual assault survivors and civil rights groups alike support this bipartisan bill because it would make California’s sex offender registry more effective and end blatant anti-LGBTQ discrimination.”
Since the bill was struck down, Wiener has signaled his discontent at the “extreme discrimination” continued to be suffered by the LGBT community.
In addition to the controversial bills proposed by Sen. Wiener, last year, the California Senator wished to allow illegal immigrants to run for Democratic Party seats.