DRC is saddened at the collaborative stance our colleagues at the Disability Rights Education and Defense Fund (DREDF) have taken on SB 258, Sen. Aisha Wahab’s “Justice for Disabled Spouses” bill which we find to be extremely and unacceptably harmful to disabled people. The bill claims to be closing a loophole in California State law that permits spousal rape in limited circumstances and is the latest effort by Stanford Law Professor Michele Dauber to achieve this goal at any cost. The bill is championed by the California District Attorneys Association and would give DAs dangerous new latitude to wrongfully prosecute people with intellectual and developmental disabilities (I/DD) for “crimes” they did not commit.

DRC and key statewide leaders and self-advocates from the I/DD community have pointed out repeatedly that the bill would undermine the ability of people with I/DD to consent to sex with their spouse (thereby subjecting their spouse to wrongful accusations of rape) and we feel strongly that the work on the bill should stop until these concerns have been addressed. We have been rebuffed repeatedly by Sen. Wahab who has treated us disrespectfully and who has willfully ignored the protesting

voices of the very people she is claiming to protect. DREDF, who has been with us in fighting this bill, has decided to continue negotiating with Wahab on amendments beyond the point they’ve previously committed to. Our analysis of the bill’s effects and our continuous discussions with leaders with I/DD have kept our position clear—there is no valid “harm reduction” strategy to a bill that on balance would do so much harm to disabled people just trying to live self-determined lives with love and full humanity.

Kecia Weller, a human rights activist, a woman with lived experience of I/DD and a national sexual violence educator says, “As a disability organization it behooves [DREDF] to put the disability community’s best interests in mind with whatever actions they take. Right now they’re not walking the walk and are firmly encouraging Wahab in over criminalizing people with I/DD. They have proven by their actions that they are no longer interested in serving the disability public.”

We are very disappointed that DREDF is negotiating about the rights of people with I/DD without insisting that leaders from the I/DD community who have engaged on this bill be at the table, that these leaders see and understand the compromise proposals being discussed, and that these leaders think the concessions from Wahab are significant enough to justify our collective decision to stop opposing the bill. A number of non-disability organizations like the ACLU, the California Public Defenders Association, and Smart Justice are following DREDF's lead on the bill. These orgs have made the choice to prioritize Sacramento status quo and collaboration over the clearly communicated opposition from the very people they claim to care about, having had every opportunity and been given all the information necessary to choose a better path. Through their actions, DREDF has delivered a message to the State Legislature and their coalition partners that we can make key policy decisions affecting the fundamental rights of people with I/DD without insisting that key leaders with I/DD be involved. That message is ableist, it is dangerous, it is wrong, and we condemn it. You can find a more detailed statement on DRC’s sustained opposition here.

Media Contact

Sam Mickens
Director of Communications
(646) 945-0918
Sam.Mickens@disabilityrightsca.org

Disability Rights California (DRC) – Is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of DRC is to defend, advance, and strengthen the rights and opportunities of people with disabilities. For more information visit: https://www.disabilityrightsca.org.