Assemblyman Tom Lackey Introduces AB 38 to Demand Justice for Vulnerable Children Exploited by California’s Protection of Predators.
Assemblyman Tom Lackey (R-Palmdale) has introduced Assembly Bill 38, which seeks to close a shocking gap in the law by classifying the rape of a developmentally disabled minor as a violent felony, ensuring that predators face the full force of justice.
“This is a nightmare scenario—a child who already faces immense challenges being preyed upon by someone who exploits their innocence and vulnerability. If this isn’t a violent crime, what is?” Lackey demanded.
Statistics from the Bureau of Justice reveal that individuals with disabilities face sexual violence at rates five times higher than those without a disability.
For years, the Governor and the Democratic supermajority have chosen leniency over protection, rejecting efforts like AB 38 that prioritize the safety of our most at risk citizens.
“California leadership has repeatedly turned their backs on our most vulnerable children. Enough is enough. Justice and safety must come before political agendas. Protecting the vulnerable should not be partisan.”
The silence from California’s leadership on this issue is deafening. Victims and their families are left with lifelong scars, while predators escape the harshest consequences due to a system more concerned with ideological posturing than justice.
“These children cannot speak for themselves, but their suffering necessitates action. It is our moral duty to act,” said Assemblyman Tom Lackey.
California must decide what kind of state it wants to be—one that protects the innocent or one that shelters the guilty.
LEGISLATIVE COUNSEL’S DIGEST
AB 38, as introduced, Lackey. Crimes: serious and violent felonies.
Existing law classifies certain criminal offenses as a “violent felony” for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions.
Existing law includes among the list of violent felonies rape accomplished against a person’s will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim’s will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation.
This bill would also include specified crimes involving the rape or sexual assault of a minor who has a developmental disability in the list of violent felonies. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
