Crimes: rape: great bodily injury.

Existing law generally imposes an additional and consecutive term of 3 years imprisonment in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony. Existing law imposes a 5-year enhancement on the sentence of a person who inflicts great bodily injury during the commission of a rape if the act was committed by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another, or if the act was accomplished against the victim's will by threatening to retaliate in the future against the victim or another person. The 5-year enhancement also applies if the victim was not the perpetrator's spouse and was prevented from resisting by any intoxicating or anesthetic substance, or a controlled substance. This bill would make the 5-year sentence enhancement for the infliction of great bodily injury applicable to rape committed against a victim who is the perpetrator's spouse who was prevented from resisting by any intoxicating or anesthetic substance, or a controlled substance. By increasing the punishment for crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.