Bill Text: CA SB14 | 2015-2016 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 14 CHAPTERED
BILL TEXT
CHAPTER 128
FILED WITH SECRETARY OF STATE JULY 16, 2015
APPROVED BY GOVERNOR JULY 16, 2015
PASSED THE SENATE APRIL 16, 2015
PASSED THE ASSEMBLY JULY 6, 2015
AMENDED IN SENATE APRIL 14, 2015
AMENDED IN SENATE MARCH 16, 2015
INTRODUCED BY Senator Lara
(Coauthors: Senators Anderson, Mitchell, and Vidak)
(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, Lara. Sexual battery: consent defense: minor's sexual
conduct.
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 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. 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, in any sexual battery civil action involving a minor
and an adult who is in a position of authority as described above,
would 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, 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, as specified.
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. (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, an adult 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, stepparent, foster
parent, relative, partner of any such parent or relative, caretaker,
youth leader, recreational director, athletic manager, coach,
teacher, counselor, therapist, religious leader, doctor, employee of
one of those aforementioned persons, or 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) 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.
(b) 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.
(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.
(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.
