A bill moving forward to make it a crime for a witness to fail to report sexual and violent crimes committed against minors has recently been approved.
Senate Bill 840 was introduced into legislation by Sen. Leland Yee (D-San Francisco) and was prompted as a result of an Oct. 24 incident where a 16-year-old girl was gang raped outside of Richmond High School, in front of more than a dozen witnesses.
“The poor girl was beaten, sodomized and robbed in front of people who did not have the heart to try and stop this brutal crime,” said Harriet Salarno, of Crime Victims United.
Because a 1999 state law made it a misdemeanor for witnesses to not report a rape, murder or lewd act on a child under the age of 14 years, SB 840 will change the age limit from 14 years to now 18, according to Yee’s office.
According to reports, individuals were arrested, yet because the victim of the gang rape was over the age of 14, prosecutors were not able to charge those who were alleged to witness the attack but did not report it.
According to the unofficial May 3 ballot from the Senate Bill Voting Information, the bill was voted unanimously in favor with 29 “yes” and none opposing.
“We’re really trying to get the message out that we’re trying to participate in helping a child by reporting the act and that everyone has a responsibility to do so,” Yee said in an interview on May 7 with talk show host Belva Davis.
Many feel that it is common sense to report such a crime, without thought.
“Why would we not report it? How are we going to stop crimes if we don’t start reporting them?” Salarno said. “To witness something like this and not report it is an outrage.”
Local residents with families also respond favorably for the bill’s passing.
“If you notice something like this happening, it’s most appropriate to let authorities know. Why stick around and watch?” Contra Costa College culinary arts major Eric Harris said. “I am against not reporting. I am at the age with sons in high school, and I could not bear to know that they would stand around and watch something like this.”
Similar to Yee’s proposal, a second bill, Assembly Bill 984, known as the Witness Responsibility Act and authored by Assemblyman Pedro Nava (D-Santa Barbara), does away with the age limit all together.
The vote for this bill, taken on the Assembly Floor and voted on in January, was 64 in favor with four opposing and 10 abstaining, according to California Politics and People.
Those opposed are the American Civil Liberties Union (ACLU) and the California Public Defenders Association.
Valerie Navarro, ACLU legislative advocate, said the union opposes Nava’s proposal, saying it would punish those at the wrong place at the wrong time.
“Our criminal justice system is designed to determine wrongdoing and wrongful intent, and this bill does not require either wrongful intent or wrongful act,” Navarro said. “Someone who is at the wrong place at the wrong time would be considered a criminal if they fail to report a crime they witness. This bill does not consider that people may have very good reasons not to report crimes.”
While sides go back and forth to oppose or be in favor, individuals continue to respond due to the nature and newness of the incident of Oct. 24.
“I have a daughter and would not want this to happen to her, much less not wanting to speak up on her behalf,” health and human services major Carey Hardamon said. “I know people want to mind their own business, yet they should speak up anyway.”
SB 840 will now be considered by the Appropriations Committee before it goes to a vote of the full Senate.
Contact Cassandra Juniel at cjuniel.advocate@gmail.com
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