In a significant legislative victory, Senate Bill (SB) 268, authored by Senator Marie Alvarado-Gil (R-Jackson), has successfully passed the Assembly floor with 74 “AYE” votes. This bill would close a dangerous legal loophole that currently fails to recognize the violent nature of the rape of an unconscious person, ensuring justice is served for victims of this heinous crime.
For the past two years, Senator Alvarado-Gil has faced an uphill battle in urging her Democratic colleagues to prioritize victims' rights over those of perpetrators. SB 268 would realign the legal system to properly acknowledge the severity of sexual violence and protect victims from further trauma. Under current law, the rape of an intoxicated person is not classified as a violent felony, despite crimes such as carjacking and extortion being considered violent.
Since Proposition 57 took effect in 2018, individuals convicted of non-violent felonies, including the rape of an intoxicated person, are eligible for early prison release. SB 268 will erase this injustice by ensuring perpetrators of this despicable crime are held accountable and are not given a mere "slap on the wrist."
"After today’s vote, we are just one step away from righting a grievous wrong," said Senator Marie Alvarado-Gil. "I implore my Democratic colleagues and the governor to demonstrate the humanity and sense to protect victims and give them a voice, while holding perpetrators of this crime accountable. This is not a partisan issue—it's a matter of justice and human decency."
“I want to applaud Senator Alvarado-Gil for her efforts in holding criminals accountable and championing the victims of California,” said Amador County Sheriff Gary Redman. “I would also like to recognize the legislators who voted ‘yes’ on this very important bill. For those who chose criminals first, you are an embarrassment to California.”
“I thank the State Assembly for passing SB 268. This is a critical step in recognizing drugging and rape as violent assaults that leave deep and lasting scars on victims,” said Anabel Velasquez, a survivor of sexual assault who shared a detailed account of her harrowing experience in this op-ed. “After 30 years, I finally felt a sense of humanity when I filed an official police report for the barbaric and dehumanizing treatment I endured. Survivors like me can now find closure and dignity, knowing our voices will be heard, and our trauma acknowledged.”
SB 268 was introduced as a two-year bill in 2023 and was initially held in the Assembly Public Safety Committee. However, through persistent efforts by Senator Alvarado-Gil and growing support from top law enforcement officials across the state, as well as State Treasurer Fiona Ma and Lieutenant Governor Eleni Kounalakis, the bill has now advanced to the governor's desk.
"The overwhelming support for SB 268 from law enforcement and state leaders reflects the urgency of this issue. I hope the governor will put Californians first by officially recognizing the rape of an intoxicated person as a violent felony," Senator Alvarado-Gil concluded.
SB 268 now heads to the Senate Floor for concurrence. Senator Alvarado-Gil and supporters of SB 268 are confident the governor will take swift action to sign this bill into law.”