Bill Text: CA SB14 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sexual battery: consent defense: minor's sexual conduct.

Spectrum: Slight Partisan Bill (Democrat 8-5)

Status: (Passed) 2015-07-16 - Chaptered by Secretary of State. Chapter 128, Statutes of 2015. [SB14 Detail]

Download: California-2015-SB14-Amended.html

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BILL NUMBER: SB 14	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 16, 2015

INTRODUCED BY   Senator Lara
   (Coauthors: Senators Anderson  , Mitchell,  and Vidak)
   (  Coauthor:   Assembly Member 
 Mark Stone   Coauthors:   Assembly
Members   Chávez,   Cooper,   Gonzalez,
  Lopez,   Maienschein,   Olsen, 
 Rodriguez,   Mark Stone,   and Steinorth 
)

                        DECEMBER 1, 2014

   An act to add Section 1708.5.5 to the Civil Code, and to amend
Section 1106 of the Evidence Code, relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 14, as amended, Lara.  Nonconsensual sexual
intercourse: sexual history: minors.   Sexual battery:
consent defense: minors, sexual conduct.  
   Under existing criminal law, unlawful sexual intercourse is an act
of sexual intercourse accomplished with a person who is not the
spouse of the perpetrator, if the person is under 18 years of age.
Existing 
    Existing  civil law makes a person who commits a sexual
battery, as defined, upon another liable to that person for damages
and authorizes a court to award equitable relief, as specified. 
Existing civil law provides that he or she who consents to an act is
  not wronged by it. 
   This bill  would, under civil law, define nonconsensual
sexual intercourse as an act of sexual intercourse between an adult
and a person who is not the spouse of the adult, if the person is
under 18 years of age.   would prohibit consent from
being a defense in any sexual battery civil action if the person
committing the sexual battery is a specified adult who is in a
position of authority and is able to exercise undue influence, as
defined, over the minor. 
   Under existing law, in any civil action alleging conduct which
constitutes sexual harassment, sexual assault, or sexual battery,
opinion evidence, reputation evidence, and evidence of specific
instances of plaintiff's sexual conduct, or any of that evidence, is
not admissible by the defendant in order to prove consent by the
plaintiff or the absence of injury to the plaintiff.  Under
existing case law, the elements of a civil cause of action for
negligence are the existence of a duty (the obligation to other
persons to conform to a standard of care to avoid unreasonable risk
of harm to them); breach of that duty (conduct below the standard of
care); causation (between the defendant's act or omission and the
plaintiff's injuries); and damages.   Existing law
requires specified procedures to be followed in any civil action
alleging conduct constituting sexual harassment, sexual assault, or
sexual battery if evidence of sexual conduct of the plaintiff is
offered to attack the credibility of the plaintiff, as specified.
Existing law authorizes the court in its discretion to exclude
evidence if its probative value is substantially outweighed by the
probability that its admission will either necessitate undue
consumption of time or create substantial danger of undue prejudice,
confusing the issues, or misleading the jury. 
   This bill  would, in any negligence civil action, prohibit
the admissibility of any evidence of a minor plaintiff's sexual
history by the defendant in order to prove consent by the minor
plaintiff.   would, in any sexual battery civil action
involving a minor and an adult who is in a position of authority as
described above, prohibit evidence of the plaintiff minor's sexual
conduct with the defendant adult from being admissible to prove
consent by the plaintiff or the absence of injury to the plaintiff.
The bill would authorize such evidence of the plaintiff's sexual
conduct to be introduced only to attack the credibility of the
plaintiff or to prove something other than consent by the plaintiff
if, upo   n a hearing of the court out of the presence of
the jury, the defendant proves that the probative value of that
evidence outweighs the prejudice to the plaintiff, as specified.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1708.5.5 is added to the Civil Code, to read:

   1708.5.5.  Nonconsensual sexual intercourse is an act of sexual
intercourse between an adult and a person who is not the spouse of
the adult, if the person is a minor. For purposes of this section, a
"minor" is a person who is under 18 years of age and an "adult" is a
person who is at least 18 years of age. 
    1708.5.5.    (a) Notwithstanding Section 3515,
consent shall not be a defense in any civil action under Section
1708.5 if the person who commits the sexual battery is an adult who
is in a position of authority over the minor.  
   (b) For purposes of this section, a person is in a "position of
authority" if he or she, by reason of that position, is able to
exercise undue influence over a minor. A "position of authority"
includes, but is not limited to, a natural parent, step-parent,
foster parent, relative, partner of any such parent or relative,
caretaker, adult youth leader, recreational director who is an adult,
adult athletic manager, adult coach, teacher, counselor, therapist,
religious leader, doctor, adult employee of one of those
aforementioned persons, or adult coworker.  
   (c) For purposes of this section "undue influence" has the same
meaning as in Section 15610.70 of the Welfare and Institutions Code.

  SEC. 2.  Section 1106 of the Evidence Code is amended to read:
   1106.  (a)  (1)    In any civil
action alleging conduct which constitutes sexual harassment, sexual
assault, or sexual battery, opinion evidence, reputation evidence,
and evidence of specific instances of plaintiff's sexual conduct, or
any of that evidence, is not admissible by the defendant in order to
prove consent by the plaintiff or the absence of injury to the
plaintiff, unless the injury alleged by the plaintiff is in the
nature of loss of consortium. 
   (2) Notwithstanding any other law, in any negligence civil action,
no evidence of a minor plaintiff's sexual history is admissible by
the defendant in order to prove consent by the plaintiff. For
purposes of this paragraph, a "minor" is a person who is under 18
years of age. 
   (b)  Paragraph (1) of subdivision  
Subdivision  (a) shall not be applicable to evidence of the
plaintiff's sexual conduct with the alleged perpetrator. 
   (c) Notwithstanding subdivision (b), in any civil action brought
pursuant to Section 1708.5 of the Civil Code involving a minor and
adult as described in Section 1708.5.5 of the Civil Code, evidence of
the plaintiff minor's sexual conduct with the defendant adult shall
not be admissible to prove consent by the plaintiff or the absence of
injury to the plaintiff. Such evidence of the plaintiff's sexual
conduct may only be introduced to attack the credibility of the
plaintiff in accordance with Section 783 or to prove something other
than consent by the plaintiff if, upon a hearing of the court out of
the presence of the jury, the defendant proves that the probative
value of that evidence outweighs the prejudice to the plaintiff
consistent with Section 352.  
   (c) 
    (d)   If the plaintiff introduces evidence, including
testimony of a witness, or the plaintiff as a witness gives
testimony, and the evidence or testimony relates to the plaintiff's
sexual conduct, the defendant may cross-examine the witness who gives
the testimony and offer relevant evidence limited specifically to
the rebuttal of the evidence introduced by the plaintiff or given by
the plaintiff. 
   (d) Except as provided in paragraph (2), nothing 
    (e)     Nothing  in this section shall
be construed to make inadmissible any evidence offered to attack the
credibility of the plaintiff as provided in Section 783.