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Support of Rape Reclassification

WHEREAS, There has been an increasing awareness that all forms of sexual assault should be treated alike in terms of penalties, eligibility for probation and parole, and classification in terms of seriousness; and

WHEREAS, “Serious” felony convicts can earn up to 50% (or more in some circumstances) off their sentence, while “violent” felonies are limited to 15% off their sentences in early release credit; and

WHEREAS, Proposition 57 of 2016 allows early parole for “nonviolent” felonies;

THEREFORE, BE IT RESOLVED, that the San Diego County Democratic Party support legislation that would (1) classify all felony forms of rape, spousal rape, sodomy, oral copulation, and sexual penetration where the felony is committed against a victim incapable of consent as “violent felonies,” (2) close a major loophole in California law that allows date-rapists, such as Brock Turner and Andrew Luster, to be eligible for parole, and (3) ensure all forms of sexual assault involving sexual penetration receive the same necessary consequences. (4) Not change the voter approved Proposition 57, but only redefine what felonies are considered “violent” under state law. (5) Not change the Three Strike law, eligibility for realignment, or include sexual offenses where consent is invalid solely due to the age of the victim. (6) By adopting this type of legislation, the California State Legislature would be furthering the intent of the recent trend of legislation to classify all forms of sexual assault as equally serious.

BE IT FURTHER RESOLVED, that this resolution be communicated to the California Democratic Party Resolutions Committee, for consideration to support in 2017, in the hope that this issue will come to the attention of all our elected officials.

Adopted March 21, 2017, by the San Diego County Democratic Central Committee