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Assemblymember Proposes to Change Arcane Rape Law from 1872

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“This is correcting a loophole that is bigger than the Grand Canyon.” That’s how Assemblyman Katcho Achadjian described AB 65 to FOX40 and viewers during a Google+ hangout. AB65 is his proposal which would update an arcane California law from 1872 about rape impersonation.

The law as it stands only protects women who are married against rape fraud, and has recently gained a lot of attention. A 2009 Los Angeles rape case was overturned in the last month because the victim was not married.

Achadjian attempted to update the law in 2011 after a case in his district, (Santa Barbara) in which a man was not convicted of rape because the old law does not include protection of unmarried women.

Achadjian said that because of a policy called ROCA (Receivership Overcrowding Crisis Aggravation), his bill did not go through the first time it was proposed and was not even heard in California’s Senate Public Safety Committee. He said ROCA’s goal was to stop creating laws or updates on existing laws that would increase the prison population.

He said passing the bill, “was a no-brainer. We’re in the 21st century. It’s like applying the laws of horse driven carts on our freeways, it just wouldn’t make sense.”

With the passage of Prop 36, which changes the “three strikes” law Achadjian felt there would be a renewed chance his bill may pass, so he reintroduced it.

He says the publicity the recent rape case in Los Angeles has given even more attention to his bill, and feels confident it will pass this time around.

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