AdWatch monitors the factual accuracy of ballot measure TV advertising.
ADWATCH ANALYSIS
This ad says that Prop. 4 would result in the arrest and prosecution of predators and would reduce the sexual exploitation of minors. The ad asserts that California’s laws assist in the covering up of the crime of statutory rape. Some statements are accurate, while others are debatable or misleading.
What the ad says:
[Man]: "Some people think I'm a child predator. What is up with that? I think they need to be a little more open-minded. So I go out with some teenage girls. We have a great time. Everyone's doing it. Nobody has to know. Ok, so I get a couple of them pregnant. What is the big deal? I can just take her to get an abortion. That's the great thing about the state of California. An underage girl can go get an abortion. She doesn't have to tell her parents, her family, not even a teacher. Nobody has to know. It's like I never even did anything. She might mope around for a little bit. She's depressed. But she'll get over it. Most of 'em do. Don't they? The best part about it? Nobody has to know."
[Announcer]: “California law allows this man to cover up crimes of statutory rape. Vote ‘yes’ on Proposition 4. Help stop child predators. Somebody has to know.”
[Paid for By]: “FRIENDS OF SARAH”
Statement: "Some people think I'm a child predator. What is up with that?"
Analysis: Analysis: The ad portrays a man over the age of 18 who has intercourse with a minor as a "predator." Under California Penal Code 261.5, an unemancipated minor (under the age of 18) cannot give consent; therefore, any person over the age of 18 who has sexual 
intercourse with her is guilty of statutory rape. The California Attorney General's Office defines statutory rape as a misdemeanor when the adult party is three or fewer years older than the minor and a misdemeanor or a felony when the adult party is more than three years older than the minor. California law requires that convicted perpetrators register as sex offenders with local law enforcement agencies.1
Statement: "That is the great thing about the state of California…Nobody has to know,"
Analysis: This portion of the ad is correct. California is one of 15 states that do not require either parental notification or consent for a minor seeking an abortion. Doctors and other medical personnel performing abortions are not required to notify anyone outside their immediate offices.
Under current California law, a minor has the right to obtain medical care relating to her pregnancy without parental notification. Since California law generally does not consider minors to be emotionally mature enough to make legal decisions, in the 1950's and ‘60's the California legislature enacted several "limited medical emancipation"2 statutes to provide medical options where "there is a substantial risk that minors would fail to seek medical care."2 In 1987, California State Legislature passed a law requiring minors to obtain parental consent prior to obtaining an abortion. The California State Supreme Court struck down this law in 1997, citing a minor's fundamental right to privacy. Many experts support the current practice, citing research that indicates that in states with consent notification laws, minors delayed access to sensitive medical care increasing the risk of poor medical outcomes and late trimester abortions.3
In a 2004 article, Cynthia Dailard explains that medical professionals and clinicians in family planning clinics that receive Title X4 funding are trained to identify sexual abuse and required by law to report cases of suspected abuse to the proper authorities. They are also trained to encourage the participation of parents in a minor's reproductive decisions and to counsel them about how to avoid coercive sexual activity.5
Statement: “California law allows this man to cover up crimes of statutory rape. Vote ‘yes’ on Proposition 4. Help stop child predators. Somebody has to know.”
Analysis:
This statement is essentially correct. State law does not directly lead to the disclosure of sexual predation or the crime of statutory rape, since a minor's pregnancy currently does not have to be brought to anyone's attention.
However, the ad implies that parental notification would ensure that statutory rape was reported, and this claim is not supported by evidence. There is little evidence one way or the other that parental notification requirements will affect statutory rape reporting or prosecution.
Some experts believe that stricter enforcement of statutory rape laws will do little to reduce the incidence of teen pregnancy and abortion.6 In California, teenage births to women younger than 15 represent 3 percent of all teenage births. Approximately 66 percent of these were fathered by men 19 or younger; and four out of five mothers aged 15–17 had partners less than six years older.7 "Among adolescent mothers aged 15–17 whose partner is an adult male, the women's median age is 17.1, while that of their partner is 21."8
A separate study of the Texas law requiring parental notification of abortion published in the New England Journal of Medicine, found that parental notification laws reduced abortions among 15-year-olds by 11 percent. The abortion rate also fell among 16 and 17-year-olds by 20 percent and 16 percent, respectively. The study also found that parental notification prior to abortion resulted in the delay of medical treatment and an increased number of late trimester abortions among teens in Texas.9
1 Brown, Edmond J. Jr., Sexual Predator Report 2005-2006, Department of Justice and California Bureau of Investigation, 2007.
2 Supreme Court of California 16 Cal. 4th 307; 940 P.2d 797; 66 Cal. Rptr. 2d 210; 1997 Cal. LEXIS 4411; 97 Cal. Daily Op. Service 6151; 97 Daily Journal DAR 10141.
3 Dailard, Cynthia and Chinué Turner Richardson, Teenagers' Access to Confidential Reproductive Health Services, The Guttmacher Report on Public Policy, November 2005: 6-11.
4 Established by Congress in 1970, Title X is a federally supported program that provides low-cost, confidential family planning services throughout the U.S.
5 Dailard, Cynthia, Statutory rape reporting and family planning programs: Moving beyond conflict, The Guttmacher Report on Public Policy, June 2004: 10-12.
6 Donovan, Patricia. Can Statutory Rape Laws Be Effective In Preventing Adolescent Pregnancy? Family Planning Perspectives, 1996: 30-40. And Miller, Henry L., Corinne E. Miller, Linda Kenney and James W. Clark Issues in Statutory Rape Law Enforcement:The Views of District Attorneys in Kansas., Family Planning Perspectives. August 1998: 177-181.
7 Landry DJ and Forrest JD, How old are U.S. fathers? Family Planning Perspectives, 1995, 27(4):159–165.
8 Ibid.
9 Joyce, Theodore J., Robert Kaestner, and Silvie Colman, Changes in abortions and births and the Texas parental notification law, New England Journal of Medicine 354(10), 2006: 1031-8.
*Prop. 4 proponents released a second version of the “predator ad” in the final days of the 2008 campaign. The essential elements of the ad remained the same with the exception of the following statement:
“I can even make the tax payers foot the bill and get it (a minor’s abortion) for free.”
This statement is partially true. Some teens might utilize Medi-Cal to obtain an abortion. Medi-Cal is California’s public health insurance program for low income individuals and families who meet defined eligibility requirements. Medi-Cal provides a range of medical services including reproductive care and abortions. Medi-Cal is financed by the federal government and the state of California.10
10 California Department of Health Care Services. Medi-Cal Serving California since 1966. 2007. November 3, 2008, http://www.dhcs.ca.gov/services/medi-cal/Pages/default.aspx.
Posted:
Analysis done by the Center for Governmental Studies.
