Town Hall with Rep. Ro Khanna and Sen. Cortese/Ending Spousal Rape Exception
Join me and our U.S. Congressman Ro Khanna on Thursday April 8th at 6:00pm to review our top legislative priorities for 2021 and to get your questions answered. At this virtual Q&A Town Hall event, we will be discussing recently approved state and federal COVID-19 recovery funds that are being used to respond to our public health emergency, sharing our legislative efforts to address homelessness, climate change, and more, as well as taking questions on your other common concerns.
Register for the event at www.tinyurl.com/408TownHall and we will see you there.
This Town Hall will be live-streamed and made available for later viewing through my Facebook page at www.facebook.com/davecortesegov and my website at https://sd15.senate.ca.gov. Closed captioning options will be made available through the livestream on my Facebook page and website.
Questions for this Town Hall can be sent in advance to Senator.Cortese@senate.ca.gov.
Reforming California’s Archaic Spousal Rape Designation
Time has long since passed for California to declare that rape is rape. While the legal description of what constitutes spousal and non-spousal rape are now the same, the penalties for spousal rape in our state are less severe. Although marital rape is illegal in all 50 states, California is one of eleven states that distinguishes “spousal rape” from “rape.”
This past week, I announced the introduction of SB 530 and Assemblymembers Cristina Garcia and Evan Low announced the introduction of AB 812; both are bills that aim to bring California’s rape statues into parity by requiring the same standards for spousal rape that are currently in the penal code for rape.
While the term “spousal rape” is not often discussed in our day-to-day vernacular, the act is nonetheless common. In fact, according to the National Coalition Against Domestic Violence (NCADV), between 10-14% of married women have been or may experience rape by their spouse. Additionally, 18% of these victims state their children have witnessed the rape.
Until 1975, every state in our Country exempted marital rape from their ordinary rape law. It remains clear that vestiges of this antiquated “marital-rape” exemption still permeate California law even to this day.
For instance, a person convicted of “non-spousal rape” is required to register as a sex offender, while a person convicted of spousal rape only must register as a sex offender if the act involved the use of force or violence that led to a prison sentence.
These disparities also extend to plea bargains. A defendant accused in the non-spousal rape of an unconscious person cannot plea bargain. But, if a defendant is married to the unconscious victim of the rape, they are currently able to plea bargain.
SB 530 and AB 812 will eliminate the “spousal rape exception” in the California Penal Code (Section 262) to ensure that “spousal rape” is treated and punished as seriously as rape of a non-spouse. By finally and decisively putting an end to the archaic “spousal rape exception”, we are not only leveling the law, we are preventing marital rape and promoting safety and respect for all.
You can watch the announcement here.
To learn more, read recent, local news coverage on this effort below:
The Mercury News - South Bay legislators help lead push to end spousal rape leniency
CBS Bay Area - Bay Area Lawmakers, DAs Seek Removal of Spousal Rape Exceptions
SF Gate - Tuesday Morning News Roundup
Stop AAPI Hate
I was proud to join Saratoga Mayor Yan Zhao and many others in solidarity with the Asian and Pacific Islander Community this past week. Since the beginning of the pandemic, more than 3,800 hate crimes against Asian Americans have been reported across all 50 states. What is even more concerning is that California had the highest number of these hate crimes – in fact we account for 45% of these incidents. These numbers don’t even capture the full scope of this problem. Thank you to everyone in our community that is denouncing all forms of hate and taking the time to inform others, including our many community-based organizations that are educating our community about de-escalation tactics
Many Hindus and Jains celebrated the festival of Holi this past weekend. This past week was also the start of Passover and Easter Sunday is coming up. To all those observing and celebrating this Spring season, I’d like to wish you and your loved ones a happy and safe time of reflection and expression.
Register TODAY for the 5th Anniversary Foster5K at Foster5K.org!
Walk or Run...ANYWHERE at ANYTIME on Sunday, April 25, 2021 to support foster kids in Silicon Valley. Make it fun! Grab your family or friends and create a team! Sign up together for $5 off and register by April 15 to get your special virtual Foster5K T-shirt.
All proceeds for this annual event benefit Child Advocates of Silicon Valley, an independent nonprofit serving our community's most vulnerable children - foster children aged birth to 21 years old who have experienced abuse, neglect and/or abandonment. Learn more: https://www.foster5k.org/.
Children’s Discovery Museum – Phased Indoor Opening
The Children’s Discovery Museum of San Jose has announced that their iconic, indoor 52,000 square foot purple building will be reopened in phases beginning April 2nd for, what they are calling, Purple Play Days!
For more information on the museum’s health and safety plan and for more details on the interior modifications, visit their website.
TICKET INFORMATION: Reservations are required for the two play sessions per day: 10:00 a.m. to 12:30 p.m. and 1:30 – 4:00 p.m., with an hour cleaning break between sessions.
Ticket prices for the museum are $15 per child or adult and seniors are $14. Museum members are free.
For ticket reservations, visit their website.
April Schedule (including Spring Breaks):
- OPEN: Fri., April 2; Sat., April 3; Sun., April 4
- OPEN: Fri., April 9; Sat., April 10; Sun., April 11
- CLOSED: Mon., April 12; Tues., April 13
- OPEN for SPRING BREAK: Wed., April 14 through Sun., April 18
- OPEN: Fri., April 23; Sat., April 24; Sun., April 25; Fri., April 30
COVID-19 Update for Senate District 15
Santa Clara County Moves to Orange Tier
The State announced this past week that the County of Santa Clara entered the Orange Tier.
This means that all activities authorized under the State’s Orange Tier, including indoor dining, can resume in accordance with State capacity limits and safety protocols, including:
- Indoor dining at maximum 50% capacity or 200 people, whichever is fewer;
- Retail stores indoors with modifications;
- Gyms and fitness centers indoors at maximum 25% capacity, with indoor pools open
- Movie theaters at maximum 50% capacity or 200 people, whichever is fewer
- Family entertainment centers indoors at maximum 25% capacity with modifications for areas of increased risk of proximity; and
- Zoos, museums, and aquariums at 50% maximum indoor capacity.
Learn more about what activities may resume here.
FEMA to Help Cover Funeral Costs for COVID-19 Related Deaths
FEMA has announced that they will help pay for funeral expenses incurred after January 20th, 2020 for deaths related to COVID-19. Assistance will be limited to a maximum financial amount of $9,000 per funeral and a maximum of $35,500 per application. For more information about this assistance, including eligibility, please visit COVID-19 Funeral Assistance | FEMA.gov.
Vaccination Support Line for those 50 and over in Santa Clara County
The Healthier Kids Foundation, First 5 Santa Clara County and Supervisor Blanca Alvarado (fmr.) have teamed up to help register those that are 50 and above for vaccines through a bilingual hotline at 1-833-560-0560 that is available from 8 a.m. to 5 p.m. on weekdays. Please share this hotline with anyone in the County who is over 50 and may need assistance in registering for the vaccine, for instance, those that don’t have access to a computer, or may need translation service.
COVID-19 Cases and Hospitalizations
As of Friday, March 26th, the total case count had reached 114,015, and the 7-day rolling average of new cases (based on specimen collection date) was at 113 cases per day.
As of Friday March 26th, there were 107 COVID positive patients hospitalized in Santa Clara County (down from 128 the prior week and 138 the week before that). Of these hospitalizations, 35 were in the ICU. COVID positive patients now occupy 8% of all ICU beds, and 21% of beds are currently available.
More data can be found through the Public Health Department’s Data Dashboards.
County COVID-19 Testing
Santa Clara Valley Medical Center continues to offer free drop-in and appointment-based COVID-19 testing at several locations across the county. Residents can book an appointment for various sites in Vietnamese, Chinese, Spanish, or English. Visit www.sccfreetest.org to search for an available site by City or Date, or to see the complete list of available County testing sites.
County COVID-19 Vaccination
The County’s COVID-19 Vaccine Dashboard continues to be updated daily with information about vaccine allocation and administration by healthcare providers throughout the county. The latest updates on vaccine eligibility and how to schedule an appointment are available on the County’s website at sccfreevax.org. In addition, residents without internet access or who need additional assistance can make appointments for the County Health System vaccine sites through the Valley Connection Call Center at 408-970-2000. The Call Center is open Monday through Friday from 7am to 9pm and Saturday and Sunday from 8am to 4:30pm. Assistance is available in English, Spanish, Vietnamese, and other languages.
State Resources Posted on My Website
State resources and services available during the pandemic have been posted on my new website: sd15.sen.ca.gov. Just click on the "COVID-19" link under the “Resources” tab of my website to get connected to some of the most frequently used state resources, including resources for businesses and employers, students, those in need of housing and financial assistance, and more.
As always, please feel free to reach out to me with any questions, comments, or concerns. I can be reached at senator.cortese@sen.ca.gov.
Thank you,
Dave Cortese
