‘Audrie’s Law’ aims to tighten punishment for juvenile sexual assault

In recent months, the Pott Foundation has worked with attorney Robert Allard and state Sen. Jim Beall to pass a new sexual assault law.

The purpose of the law, nicknamed named “Audrie’s Law,” is to toughen laws surrounding cyberbullying and sexual assault for juvenile and adult offenders.

Consisting of four key points, the law would make sexual assault a felony for both juveniles and adults and allow courts to disclose a minor’s identity as a sex offender. Assault against unconscious victims and the sharing of photographs depicting sexual assault would also become felonies.

Sheila Pott, Audrie’s mother, said that the law is designed to educate students about the danger of engaging in such behavior.

“Our hope is that the new law will bring awareness to students at SHS and across the state that will deter students from engaging in such behavior and encourage students to support each other when exposed to potentially volatile situations,” Pott wrote in an email to The Falcon.

Audrie’s Law would change the current California juvenile law that requires a victim to be conscious to consider an assault “forcible.” Currently, digital penetration, which the three boys were charged with, is seen as a felony sexual assault rather than forcible rape. Forcible rape carries harsher consequences than felony sexual assault. 

Pott said the bill is in the process of being submitted to the legislature. The bill may take up to nine months to become law. 

According to Beall’s office, the bill is still too premature to talk about in detail, other than that it will “speak to address some of the aspects of the incident.”

According to The Mercury News, the three boys who sexually assaulted Audrie have all spent time in Juvenile Hall as punishment for their actions. The two juniors who still attend SHS have spent 30 days in Juvenile Hall, serving their time on weekends. The boy who now attends Christopher High School in Gilroy served 45 consecutive days.

The Pott family is continuing with its civil case against the boys and their families. There is currently no case against the Los Gatos Saratoga High School district, according to Jane Marashian, assistant to the superintendent. 

Pott said she hopes the Foundation’s efforts will lead to significant improvements.

“We realize that this is just the beginning in trying to effect positive change in the lives of students on and off campus,” she wrote, “but we feel as a community of students, parents, teachers and administrators working together, we can save lives.”