Photograph provided by the author.
Karolyn Gehrig, a queer disabled artist, writer, and advocate, offers a powerful account of her experience:
"Whenever something terrible happens to a disabled someone, people shrink and say “who would do that,” or “it’s unimaginable,” then remove it from their minds. They cannot bear to imagine it, so our reality remains deniable, though it is as provable as our unseen bodies."
Marriage Penalties for Disabled Adults
Photo from Disabled and Here,
taken by Chona Kasinger
Millions of disabled Americans could lose lifesaving healthcare simply for choosing to get married. Outdated and discriminatory laws essentially deny disabled adults the right to marry or risk losing critical benefits such as Supplemental Security Income (SSI), Disabled Adult Child Benefits (DAC), Medicaid, and/or Medicare (Disability Rights Education and Defense Fund). These antiquated policies also impact unmarried couples in long-term relationships who face similar penalties if they are deemed to be "holding out". As a result, some people choose to hide their relationships while others close themselves off to romantic love completely. For those who are unaware of these marriage penalties, the consequences could be life threatening.
In California, there is another marriage penalty. The decision to get married also means losing legal protection if a person is raped by their spouse but unable to consent due to a disability. SB 258 would end this disparity, allowing disabled spousal rape survivors access to critical resources.
Spousal Rape Exemptions Persist
The spousal rape exemption is a legacy from 17th century English common law in which women were essentially the sexual property of their husbands—the theory being that they had given irrevocable sexual consent at marriage. Since the 1970s, 42 states have removed these exemptions, but California has lagged behind.
Assembly Bill 1171 (Chapter 626, Statutes of 2021) eliminated most differences between how spousal rape and non-spousal rape are treated in the California law but there is still one remaining disparity when a person is unable to consent due to a disability.
We must continue the fight until every survivor is protected. SB 258 eliminates the last California spousal rape exemption and establishes that rape is rape, regardless of a victim’s abilities and their relationship to the perpetrator.
California is one of eight states with a spousal rape exception (Newsweek; Ohio Capital Journal).
Silent Epidemic of Sexual Violence
Against Disabled People
Disabled people are four times as likely to be sexually assaulted compared to their nondisabled counterparts, according to a survey conducted by the U.S. Department of Justice. The same survey found that less than 1 in 5 sexual assaults against disabled people are reported. Even when they do report, disabled survivors are often not believed, leaving them isolated and without essential support.
The Center for American Progress took a deeper look at sexual violence and the disability community, "...People with disabilities—and especially women—already experience ableism in a world not designed to meet their access needs. This forces them to deal with an additional level of objectification in a patriarchal society with a power dynamic that restricts access and autonomy."