By Khalida Sarwari
The family of Audrie Pott, the Saratoga teenager who tragically took her own life nearly two years ago, is anxiously waiting to see what happens next week to a bill that would give mandatory sentences to juveniles convicted of sexually abusing unconscious and disabled victims.
A hearing for SB 838, called Audrie’s Law, was set for June 17 in Sacramento, but was postponed to June 24 because lawmakers are trying to work with state Sen. Jim Beall, the author of the bill, on possible amendments.
Under Audrie’s Law, a minor convicted of a sex crime where the victim is unconscious would receive a minimum sentence of two years incarceration in a juvenile facility, according to Beall. The law would also add a sentencing enhancement of one year to any sexual assault in which the offender shares pictures or texts of the crime. In addition, juvenile sex crime court proceedings would be open to the public and the media.
The bill is supported by more than 140,000 signers of a change.org petition, but has been met with opposition in not only the Assembly Public Safety Committee but by groups such as the Sacramento-based California Attorneys for Criminal Justice, comprised of criminal defense lawyers.
In a letter addressed to Assemblyman Tom Ammiano, who chairs the public safety committee, representatives from the CACJ state that SB 838 “seeks to create new crimes and radically alter the juvenile justice system.”
“The death of Audrie Pott is a tragedy. However, SB 838 seeks to use her death as a vehicle to wreak havoc on the juvenile justice system. It also seeks to enhance sentences for sex offenses where social media is involved even where the social media conduct itself is not criminal,” the letter states.
Audrie’s father, Larry Pott, said he was surprised that the bill has been met with resistance.
“If lawmakers do not vote for Audrie’s Law, they are effectively saying that raping an unconscious victim is less of a crime, and plying a victim with alcohol is acceptable,” Pott said. “What happened to Audrie must not happen to another victim–the law needs to be changed. Audrie’s Law warns juvenile rapists that their heinous crimes will be taken seriously.”
Sheila Pott, Audrie’s mother, argued that SB 838 restores balance to the juvenile sexual assault statutes.
“Rapists–whether they are an adult or a juvenile–must be held accountable for their actions,” Pott said. “It’s time to take a stand for the victims and to stop coddling the assailants.”
The 15-year-old Saratoga High student took her life in 2012 after she was sexually assaulted by three teenage boys while unconscious during a Labor Day weekend party and photos of the incident were subsequently shared via text with other students.
The three boys later admitted to sexually assaulting Audrie and were ordered to serve between 30 and 45 days in juvenile hall. The boys’ names haven’t been released because they are minors.
Sheila Pott and her attorney, Robert Allard, urged the public safety committee last week to pass SB 838. The bill passed the state Senate unanimously but will face a “tough” hearing with the Assembly committee, according to Beall. The bill must pass by June 30 to become law.
Pott family awaiting Sacramento’s decision on ‘Audrie’s Law’
