New California Law Bars Consent Defense In Child Sexual Abuse Cases
SACRAMENTO (CBS/AP) — California defendants accused of sexually abusing children will no longer be able to use a consent defense in civil cases.
Gov. Jerry Brown announced Thursday he signed legislation introduced after Los Angeles Unified School District avoided liability for a teacher having sex with a 14-year-old girl.
The teacher, Elkis Hermida, was sentenced to three years in prison in 2011 for lewd acts against a child. The district avoided having to pay the victim money in the subsequent civil case after its attorney argued the girl shared responsibility by consenting.
SB14 by Sen. Ricardo Lara bars defendants from raising such defenses in civil cases. The Bell Gardens Democrat says the bill closes a loophole because defendants can't make similar arguments in criminal cases.
The law takes effect in January 2016.
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