Court voids rape conviction in impersonation ruling

Jan 4, 2013 Full story: www.latimes.com 11

A man who impersonates someone in order to have sexual intercourse may be guilty of rape only if the victim was married and the man was pretending to be her husband, a state appeals court has ruled.

The unanimous ruling, from an admittedly reluctant court, overturned the rape conviction of Julio Morales, who entered a sleeping woman's dark bedroom after her boyfriend walked out and began having intercourse with her. The woman screamed and resisted when she awoke and realized Morales was not her boyfriend, the court said.

"A man enters the dark bedroom of an unmarried woman after seeing her boyfriend leave late at night, and has sexual intercourse with the woman while pretending to be the boyfriend," the Los Angeles-based 2nd District Court of Appeal said in Wednesday's ruling. "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 court urged the Legislature to change the archaic law to "correct the incongruity that exists when a man may commit rape when impersonating a husband, but not when impersonating a boyfriend."

{EDITOR'S NOTE: This story is being posted on this forum because many of these archaic laws need to be changed.} Full Story

Since: Oct 12

Coolidge, AZ

#1 Jan 4, 2013
Rather amusing ruling. <g>

Since: Aug 08

Location hidden

#2 Jan 4, 2013
I'd think I'd know who I was sleeping with even if they entered a dark bedroom.

Since: Oct 12

Coolidge, AZ

#3 Jan 4, 2013
equalityboy81 wrote:
I'd think I'd know who I was sleeping with even if they entered a dark bedroom.
Not necesserily true. I could tell you a true personal story about that. LOL
Betty M

Colorado Springs, CO

#4 Jan 4, 2013
This "law" should be on the Stupid, Outdated Laws sites. Although, in this case, it should be Cruel & Stupid. It's about as valid as these:

Illinois- It is illegal to speak English, American is the officially recognized language

Tucson, Arizona- It is illegal for women to wear pants.

In Eureka, Nevada, it is illegal for men who have mustaches to kiss women

If you get pulled over in Ohio, or get caught committing a crime, just remind the officer that it is illegal to arrest anyone on Sunday or on July 4th

“TAKIA AND TA TONKA”

Since: Aug 08

HAPPY TOGETHER!!!

#6 Jan 4, 2013
Betty M wrote:
This "law" should be on the Stupid, Outdated Laws sites. Although, in this case, it should be Cruel & Stupid. It's about as valid as these:
Illinois- It is illegal to speak English, American is the officially recognized language
Tucson, Arizona- It is illegal for women to wear pants.
In Eureka, Nevada, it is illegal for men who have mustaches to kiss women
If you get pulled over in Ohio, or get caught committing a crime, just remind the officer that it is illegal to arrest anyone on Sunday or on July 4th
Here's your sign is what should be given to these ridiculous laws.......lol!!!

Since: Mar 09

Location hidden

#7 Jan 4, 2013
This one completely blindsided me. I thought I knew the California Penal Code abckwards and forwards.

DNF

“Judge more and you love less”

Since: Apr 07

Newark OH-Baltimore MD-S.Fla

#8 Jan 5, 2013
Cal In AZ wrote:
Rather amusing ruling. <g>
Leave it to you FaFoxy to joke about a woman being raped.
You're disgusting.

DNF

“Judge more and you love less”

Since: Apr 07

Newark OH-Baltimore MD-S.Fla

#9 Jan 5, 2013
snyper wrote:
This one completely blindsided me. I thought I knew the California Penal Code abckwards and forwards.
As much as I disdain people who look to "original intent" in this case the original intent would be fascinating to know.

Since: Mar 07

United States

#10 Jan 6, 2013
So, even though she woke up, screamed, and resisted, it was NOT rape?

Regardless of who was pretending to be whom, how is it NOT rape under those circumstances?

Isn't having intercourse with an unwilling (or even unsuspecting) woman ALWAYS rape? I though both parties to any sex act must always be aware and approving of the interaction.

“ reality, what a concept”

Since: Nov 07

this one

#11 Jan 6, 2013
Quest wrote:
So, even though she woke up, screamed, and resisted, it was NOT rape?
Regardless of who was pretending to be whom, how is it NOT rape under those circumstances?
Isn't having intercourse with an unwilling (or even unsuspecting) woman ALWAYS rape? I though both parties to any sex act must always be aware and approving of the interaction.
The law doesn't allow for someone to renege on consent for anything they are already doing and call it rape. If an act was believed by both parties to be consensual when it started, it pretty much gets to finish that way, unless they start doing something you hadn't already agreed to and unless someone gets seriously carried away, good luck proving that. Sex by deception isn't in and of itself considered rape unless you're pretending to be somebody's husband. Girlfriends shouldn't be in that position with their boyfriends, that was why that particular scenario was excluded from the law.

Since: Mar 09

Location hidden

#12 Jan 6, 2013
Straining at gnats and swallowing camels.

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