Consent Always Matters: Senator Wahab’s Justice for Disabled Spouses Passes Senate

Sacramento, CA — State Senator Dr. Aisha Wahab’s (D–Silicon Valley) Justice for Disabled Spouses bill, Senate Bill (SB) 258, has passed the Senate—marking a major step forward in protecting survivors of rape committed by a spouse.

SB 258 closes a long-standing loophole that has treated spousal rape differently from other forms of sexual assault. This bill ensures all survivors are granted equal legal protections, regardless of their relationship to the perpetrator.

“Rape is rape — no matter who commits it,” said Senator Wahab. “No one should lose their right to bodily autonomy because they’re married. SB 258 sends a clear message: consent is always required, and the law must protect survivors.”

SB 258 is part of Senator Wahab’s ongoing work to advance justice, safety, and equality for all Californians. The bill now moves to the Assembly.

“The fact that 21st century California continues to have any version of a spousal rape exception -a law based on a 17th century judicial view of women as the sexual property of their husbands is shameful. That it today discriminates not only on the basis of marriage but also of disability is barbaric. Disabled spouses should have the same protection of law as everyone else.”
-Michele Dauber, Stanford Law Professor

“SB 258 is a meaningful step forward to protecting every survivor’s right to justice and protection, specifically survivors living with disabilities. SB 258 establishes that rape is rape, regardless of a victim’s abilities and their relationship to the perpetrator.”
-Asian Americans for Community Involvement (AACI)