SACRAMENTO (CBS / AP) – California Gov. Jerry Brown will decide whether to make sexually assaulting an unconscious or severely intoxicated person a crime that is ineligible for probation.
The measure is a response to former Stanford University swimmer Brock Turner's six-month jail sentence for assaulting an unconscious woman. He is scheduled to be released this week.
The proposed legislation would prohibit probation in such cases, effectively requiring jail time for anyone convicted of rape or sexual assault of an unconscious or intoxicated person.
The Assembly approved Senate amendments on Monday, sending AB2888 to Brown on a 66-0 vote.
Democratic Assemblyman Bill Dodd of Napa says the bill clarifies that a victim cannot consent while unconscious or incapacitated by drugs, alcohol or medication. He says letting perpetrators off with little jail time further harms victims.
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