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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums(WTF?) California judge rules assault wasn’t rape because woman wasn’t married
A California appeals court has overturned the rape conviction of a man charged with raping a sleeping woman, basing the decision on an 1872 law that does not protect unmarried women the same protections as those who are married. According to the LA Weekly blog, the court found in favor of Julio Morales, who was convicted of rape after he slipped into bed with a sleeping 18-year-old woman and initiated sex with her, pretending to be her boyfriend.
The assault took place in 2009 at the unnamed victims home. She and her boyfriend had fallen asleep together after a night of drinking, agreeing not to have sex that night. The boyfriend, who had an appointment early the next morning, got up and left during the night.
Julio Morales, a friend of the 18-year-old victims brother, climbed into bed with the woman and began to have sex with her. Thinking she was with her boyfriend, still, the victim reciprocated, but when a flash of light from the doorway revealed Morales identity, she cried out, pushed him away and began to cry.
The reversal of the rape charge is based on an archaic law in the California penal code that, according to the Daily Mail, stipulates any person who fraudulently obtains the consent of another to sexual relations escapes criminal liability (at least as a sex offender under title IX of the Penal Code), unless he (or she)
masquerades as the victims spouse.
Raw Story (http://s.tt/1xYab)
appleannie1
(5,067 posts)muriel_volestrangler
(101,316 posts)The court argued, however, that the case should be retried and that the archaic law should be examined and possibly overturned. Willhite called Morales actions in the case despicable, but that the states law left the three judge panel with no choice.
It was a unanimous ruling:
"I think the ball is in the Legislature's court," he said.
Uelmen said he found it "ironic" that a judge had spotted the anomaly in the law 30 years ago, yet the Legislature failed to change it. The ruling indicated there was "pretty solid" evidence the woman was sleeping during the sex, "so this guy isn't going to get off scot free," the law professor said.
http://www.latimes.com/news/local/la-me-rape-impersonation-20130104,0,2338743.story
Xipe Totec
(43,890 posts)Melinda
(5,465 posts)which raised the question of law(s) upon which the appellate court issued its ruling.
Long ruling but worth the read:
http://www.courts.ca.gov/opinions/documents/B233796.PDF
Time for this piece of archaic code to be retracted/rewritten.