SACRAMENTO, CA. — In an effort to address potential loopholes in California Rape Shield Law that prohibit any information regarding a person’s sexual history as a way to victim blame, Governor Gavin Newsom signed Assemblymember Tasha Boerner’s (D-Encinitas) Assembly Bill (AB) 2556.
Current law allows evidence of a survivor's sexual history to be excluded from trial in most sexual assault cases. However, an outdated exemption means those protections do not fully apply when the assault occurs in a local detention facility or state prison. AB 2556 removes that exemption from the California Evidence Code, ensuring a survivor's sexual history cannot be used against them without due process, regardless of where the assault occurred.
“Our justice system is supposed to be balanced, treating everyone with dignity and fairness. Where a sexual assault happened should not determine whether or not you receive equal protection under the law. AB 2556 closes a dangerous loophole ensuring survivors of sexual assault in prison are provided with the same legal protections elsewhere,” stated Assemblymember Boerner.
“The passage of AB 2556 is a victory for fairness, equality, and human dignity," said District Attorney Summer Stephan. "For too long, a misguided legal exclusion denied incarcerated individuals the basic protections offered to all other sexual assault victims. We were proud to sponsor this vital legislation and grateful to Assemblymember Tasha Boerner for authoring this law to finally correct a grave injustice. By placing all California sexual assault victims on equal footing, our state has reaffirmed its unwavering commitment to the equal protection of all people. This law is a historic step forward, and it was absolutely the right thing to do."
The need for this legislation was highlighted by a 2023 case in which an incarcerated individual attempted to sexually assault a female chaplain inside a prison chapel. Because the assault occurred within a prison, the survivor was not afforded the same legal protections that would have applied outside a custodial setting.
AB 2556 was sponsored by the San Diego County District Attorney’s Office and the California Correctional Peace Officers Association. The law is expected to take effect on January 1, 2027.
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Assemblymember Tasha Boerner represents the 77th District, which encompasses Carlsbad, Encinitas, Solana Beach, Del Mar, Coronado and the coastal communities of La Jolla south to Downtown San Diego. You can learn more about Assemblymember Boerner at a77.asmdc.org, Facebook, Instagram, or BlueSky.