For Immediate Release

Contact: Elisa Rivera

(559) 264-3070 Elisa.Rivera@sen.ca.gov

SB 1386 Strengthens California’s Historic Rape Shield Law

SB 1386 Heightens Legal Protections For Rape and Sexual Assault Victims

Sacramento, CA – Senator Anna Caballero (D-Merced) recently introduced SB 1386, to protect survivors of sexual assault, rape, and sexual battery from further victimization and to clarify the civil rape shield law, a law that protects the privacy of the survivors by prohibiting inquiries into their sexual histories.

“Rape shield laws create a legal environment that prioritizes justice, fairness and the protection of survivors of sexual abuse. The legislature must protect the dignity of survivors and foster a supportive environment for them to come forward and seek the justice they deserve.” said Senator Anna Caballero, D-Merced. “SB 1386 will preserve the integrity of the civil rape shield law by protecting survivors and safeguarding their rights. As a society, we should make sure that victims of rape and sexual assault are protected to ensure the opportunity for fairness and justice within our legal system.”

“Since 1985, California’s historic Rape Shield Law has served to balance the scales of justice for women and children who face enormous odds in any effort to hold sexual abusers and rapists accountable,” said Kathryn Stebner, President, CAOC. “We are grateful to Senator Caballero for championing SB 1386, which will clarify existing law before it creates a dangerous trend of weaponizing survivors’ stories against them, and discourages survivors from coming forward to hold perpetrators accountable.”

"We must ensure survivors of sexual violence can come forward to hold harmers accountable, without fear that their unrelated sexual assault or sexual history will be exposed and used against them,” said Jessica Stender, Policy Director for Equal Rights Advocates. “The lack of clarity in existing law runs contrary to the clear purpose of our state’s Rape Shield Law, and we are proud to stand with Senator Caballero upon the introduction of SB 1386 to ensure victims can seek justice and hold predators accountable.” 

Background:

Despite the protections provided by California Civil Rape Shield Law, a 2023 California Supreme Court ruling underscored the need for further clarification in the rape shield laws. (Doe v. The Superior Court of Los Angeles County, Respondent; Mountain View School District, Real Party in Interest, 2023). The case of Doe v. Superior Court involved horrific sexual abuse of an eight-year-old girl by her fourth-grade teacher, over a one-year period from 2009 to 2010. Subsequently, a family friend sexually abused the same victim in 2013. The molestations inflicted emotional and psychological trauma and thus, the victim sought medical and psychological assistance.

The trial court ruled that evidence of the subsequent sexual assault suffered by the girl is admissible as evidence to undermine her credibility. This was confirmed on appeal. Allowing such evidence undermines the intent of the rape shield laws and will have a chilling effect on survivors who wish to come forward to hold perpetrators accountable, but who now fear having their personal sexual histories revealed if they do.

For interviews or inquiries, please contact Elisa Rivera at (559) 264-3070

Senator Anna M. Caballero represents the 14^th Senate District, composed of majority portions of Merced, Fresno and Madera Counties.

* Senator Anna M. Caballero serves as the Interim Representative for the Salinas Valley and San Benito County until 2024 when a newly elected Senator will assume the district