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Boerner Horvath’s Sexual Assault Victims’ Social Media Privacy Bill Passes Assembly

For immediate release:

SACRAMENTO — Today, AB 341, Assemblymember Boerner Horvath’s bill to strengthen a sexual assault victim’s right to privacy by requiring social media content to go through the same process as other evidence in these types of trials, passed out of the Assembly with an overwhelmingly bipartisan 72-0 vote.

Increasingly in sexual assault cases, decades of social media activity is being mined and admitted into evidence that is irrelevant to the case at hand, but has the result of embarrassing, shaming, or humiliating a victim, sometimes to the point of discouraging their testimony. AB 341 simply requires that social media content go through the same submission of evidence procedures as other types of evidence covered under existing Rape Shield Laws.

“Rape Shield Laws need to be updated to account for the widespread use of social media so that victims seeking justice for their attackers won’t have their entire online lives on display for public scrutiny,” said Assemblymember Boerner Horvath. “I am proud to see this initiative moving forward, especially with such significant, bipartisan support.”

Since its passage in 1974, the California Rape Shield Law has been repeatedly amended to account for evolving technology and other factors impacting the types of material and information being submitted in sexual assault cases that require the defense to prove relevancy before being admitted as evidence. AB 341 still allows the defense to admit social media material – it simply expands the Rape Shield Law to require that the defense must file the same sort of written motion for a court ruling on relevancy if the content does not contain a statement, image, video, or picture of the alleged offense.

"AB 341 will bring us closer to a world where survivors of rape will feel safe enough to report a sexual assault and be willing to testify against their perpetrator,” said San Diego County District Attorney Summer Stephan, the sponsor of the bill. “Requiring that a judicial officer review and rule the social media evidence is relevant and admissible before it is  used by the defense to attack the witness’s credibility is one small but incredibly important step in the long struggle to protect the dignity of all rape survivors."

“Social media platforms have provided opportunities for defense attorneys to gather information to impugn the credibility of crime victims and cause additional and unneeded trauma,” said Harriet Salarno, Chair of Crime Victims United, a supporter of the bill. “There is a pressing need to protect victims of sexual assault from electronic platforms being used in criminal proceedings. AB 341 will truly help victims of sexual assault to have the courage to report and testify to protect our communities. I want to thank Assemblymember Boerner Horvath for authoring this bill.”

The bill now moves to the State Senate for their consideration.