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January 4, 2013

California Court: State Rape Law Only Protects Married Women 
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A California appeals court has overturned the rape conviction of a man
who impersonated a sleeping woman’s boyfriend, saying a 19th century
law only protects married women from such attacks. Julio Morales had
been sentenced to three years in prison after allegedly pretending to be
a woman’s boyfriend and initiating sex with her while she slept. A
judge ruled: "Has the man committed rape? Because of historical
anomalies in the law and the statutory definition of rape, the answer is
no, even though, if the woman had been married and the man had
impersonated her husband, the answer would be yes." The law in question
dates back to 1872.

 

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