On September 29, 2024, Gov. Gavin Newsom signed Senate Bill 1386 into law, enhancing California’s Rape Shield Law. This critical amendment, introduced by Sen. Anna Caballero, aims to protect survivors of sexual assault by preventing courtroom inquiries into their sexual histories.
The amended law ensures that defendants cannot use a survivor’s past sexual conduct to discredit their testimony or diminish their claims of injury. This change strengthens the rights of survivors and reinforces that a person’s past should not undermine their pursuit of justice.
The Story Behind the Bill
The journey to SB 1386 began with a deeply personal case involving a survivor known as “Jane Doe” in a civil lawsuit filed against the abuser and the school district where he taught. The child’s ordeal started in 2002 when she was a “bright and happy” fourth grader at Miramonte Elementary School in Los Angeles County.
Her teacher, Joseph Baldenebro, abused her for nearly a year, which led to massive emotional and psychological trauma. Despite Baldenebro’s eventual conviction and 20-year prison sentence, the survivor’s fight for justice continued as she sought compensation from the school district.
A second traumatic incident occurred at a family gathering when a teenage boy molested her. This trauma only made her mental health struggles worse. “Jane,” who was 12 years old at the time, suffered from depression, anxiety, and trust issues, which the school’s dismissive response exacerbated when her mother sought help for the abuse she suffered from Baldenebro.
“Jane’s” case highlighted the need for stronger legal protections, as the school district sought to use the second incident to undermine her claims.
Amended Law Closes Loophole Over a Victim’s Sexual History
Initially, the court hearing the case allowed the defense to introduce evidence of the second abuse incident, arguing it contributed to “Jane’s” psychological injuries. This decision exposed a loophole in the existing Rape Shield Law that allowed defendants to use a survivor’s unrelated sexual history against them.
SB 1386 addresses this gap by prohibiting such evidence from being admissible in civil cases involving sexual assault, harassment, or battery. This ensures crucial protections for survivors like “Jane.”
As the civil lawsuit against her former teacher and the school district proceeds, the new law prevents her unrelated history from being used to discredit her. Baldenebro, who also faces accusations from other former students, is currently serving a lengthy prison sentence, ensuring he cannot harm other children.
SB 1386 marks a significant step forward in protecting victims of sexual assault and abuse, offering survivors the dignity and protection they deserve in pursuit of justice.