California Gov. Gavin Newsom signed a law that will allow judges to determine if a sex offender charged with oral or anal sex with a minor should be added to the state’s sex offender registry.
SB-145 passed in the State Senate with a majority 41-25 vote on Aug. 31 and was signed into law on September 11. The new law states that all voluntary statutory rape of minors, as young as 14 by adults up to 27, is sentenced equally regardless of the type of intercourse.
Previous law allowed judges to use their discretion when choosing whether to register a convicted individual as a sex offender in instances of vaginal intercourse. However, if the sex act was oral, digital or anal penetration, the adult was automatically registered as a sex offender.
Openly gay Dem. Senator Scott Wiener championed the SB-145 as a “basic equality law” to protect LGBTQ youth from “having their lives destroyed simply for having consensual sex.”
The bill is the subject of a massive misinformation campaign by MAGA/QAnon.
Here are the facts per AP: https://t.co/SSdLH0rS3V
— Senator Scott Wiener (@Scott_Wiener) September 2, 2020
Supporters promote SB-145 as a Romeo and Juliet law that will help unclog the sex offender registry, but the legislation includes adults far older than teenagers.
The new law allows judges to exclude sex offenders up to ten years older than their victims from the registry. A 27-year-old who had anal intercourse with a teenager could potentially be exempt from the list if a judge was sympathetic.
If Wiener’s aim was really “to stop criminalizing our youth” for consensual sex, the scope of the law should have narrowed the unconcionable ten year age gap down to two years, to align with the example of “a 19-year-old boy having sex with a 17-year-old boyfriend,” that Wiener has been promoting.
Furthermore, if the intention was actually to rectify discrimination, existing law could have simply been amended to add vaginal sex with a minor as an offense that automatically mandates inclusion on the sex offender list.
Donald Trump Jr. blasted the law for “normalizing pedophelia.” He tweeted, “This is now becoming mainstream Democrat groupthink.”
They’re normalizing pedophelia. It’s not just Hollywood and Netflix. This is now becoming mainstream Democrat groupthink. It’s insanity and we must stop it. https://t.co/NPHTw4829v
— Donald Trump Jr. (@DonaldJTrumpJr) September 14, 2020
This law isn’t about protecting children or LGBTQ youth, its goal is to weaken sex offenses in California. Wiener’s legislative history proves he’s soft on sex offenders, he authored SB-384, which converted the lifelong sex offender registry to a tiered system. Eligible convicts could petition for removal from the list after ten years and blend into their communities anonymously.
Newsom’s new law inexcusably “remedies” discrimination against sex offenders, instead of protecting their next child victims.
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