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Rape Conviction Overturned because victim wasn't married.....odd story

Posted by on Jan. 4, 2013 at 10:33 AM
  • 36 Replies

http://news.yahoo.com/judge-law-wont-protect-unmarried-victims-rape-012941200.html

Judge: Law won't protect unmarried victims in rape

Associated Press - 10 hrs ago

LOS ANGELES (AP) - A California appeals court overturned the rape conviction of a man who authorities say pretended to be a sleeping woman's boyfriend before initiating intercourse, ruling that an arcane law from 1872 doesn't protect unmarried women in such cases.

A panel of judges reversed the trial court's conviction of Julio Morales and remanded it for retrial, in a decision posted Wednesday from the Los Angeles-based court.

Morales had been sentenced to three years in state prison. He was accused of entering a woman's bedroom late one night after her boyfriend had gone home and initiating sexual intercourse while she was asleep, after a night of drinking.

The victim said her boyfriend was in the room when she fell asleep, and they'd decided against having sex that night because he didn't have a condom and he had to be somewhere early the next day.

Morales pretended to be her boyfriend in the darkened room, and it wasn't until a ray of light from outside the room flashed across his face that she realized he wasn't her boyfriend, according to prosecutors.

"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," Judge Thomas L. Willhite Jr. wrote in the court's decision.

The appeals court added that prosecutors argued two theories, and it was unclear if the jury convicted Morales because the defendant tricked the victim or because sex with a sleeping person is defined as rape by law.

The court said the case should be retried to ensure the jury's conviction is supported by the latter argument.

The decision also urges the Legislature to examine the law, which was first written in response to cases in England that concluded fraudulent impersonation to have sex wasn't rape because the victim would consent, even if they were being tricked into thinking the perpetrator was their husband.

Willhite noted that the law has been applied inconsistently over the years in California.

In 2010, a similar law in Idaho prevented an unmarried woman from pressing rape charges after being tricked into sex with a stranger by her then-boyfriend.

The judge called what happened "despicable" but said the state's law left the court with no choice. Idaho's law was amended to cover all women in 2011.

Morales' attorney Edward Schulman declined comment when reached by phone Thursday.

Prior to the conviction, Schulman had argued Morales believed the sex was consensual because the victim responded to his kisses and caresses, according to the decision.

by on Jan. 4, 2013 at 10:33 AM
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Replies (1-10):
futureshock
by Ruby Member on Jan. 4, 2013 at 10:37 AM
3 moms liked this

It should be about consent.  He did not have her consent, end of story.

GLWerth
by Gina on Jan. 4, 2013 at 10:42 AM
2 moms liked this

That was what was really shocking to me about it....and the fact that he got 3 years!

Really? People are in prison for life for an ounce of pot and this sleazeball who sneaks into a woman's home and rapes her gets 3 years?

Quoting futureshock:

It should be about consent.  He did not have her consent, end of story.


gammie
by on Jan. 4, 2013 at 10:48 AM

we woman need to change that law!

Quoting GLWerth:

That was what was really shocking to me about it....and the fact that he got 3 years!

Really? People are in prison for life for an ounce of pot and this sleazeball who sneaks into a woman's home and rapes her gets 3 years?

Quoting futureshock:

It should be about consent.  He did not have her consent, end of story.



GLWerth
by Gina on Jan. 4, 2013 at 10:55 AM

Yes we do.

Quoting gammie:

we woman need to change that law!

Quoting GLWerth:

That was what was really shocking to me about it....and the fact that he got 3 years!

Really? People are in prison for life for an ounce of pot and this sleazeball who sneaks into a woman's home and rapes her gets 3 years?

Quoting futureshock:

It should be about consent.  He did not have her consent, end of story.

 

 


Veni.Vidi.Vici.
by on Jan. 4, 2013 at 10:59 AM

That should have been dealt with at the time it was brought up. How sad for that poor woman. I'm dusgusted.

cueballsmom
by Silver Member on Jan. 4, 2013 at 11:57 AM
Why don't they have the "it's rape if you are drunk" law? That's what I'm used to, so this story is appalling.
pamelax3
by Gold Member on Jan. 4, 2013 at 1:44 PM
1 mom liked this

That is pretty drunk when you can not tell the difference between your boyfriend and a stranger... I call BS on this one..

GLWerth
by Gina on Jan. 4, 2013 at 1:50 PM

Imagine though, you've been drinking, you've been asleep and when you went to sleep your boyfriend was in bed with you. Someone starts stuff and you assume it is the person who should be there...

Actually, this happened to a girl in my dorm in college. It stopped before it went too far, but her boyfriend's roommate slipped into bed with her, she was sleepy and assumed it was him until he walked back in and found this going on. 

ETA: So, you are saying that she's lying and wasn't really raped?

Quoting pamelax3:

That is pretty drunk when you can not tell the difference between your boyfriend and a stranger... I call BS on this one..

 

Aivlys_
by Member on Jan. 4, 2013 at 1:54 PM
I saw this on my local news, I can't believe we have this ridiculous law on the books that dates back to the 1800's. Now a disguting rapist is out after only 3 years, SMH!
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pamelax3
by Gold Member on Jan. 4, 2013 at 1:54 PM

I am saying she got caught and now trying to put it off on rape.. Yes I have been very drunk and very sleepy but even in those circumstances I know who the hell my DH is..

IMO it is cases like this that make it so hard for rape victims to be treated respectful and with the dignity they deserve.

Quoting GLWerth:

Imagine though, you've been drinking, you've been asleep and when you went to sleep your boyfriend was in bed with you. Someone starts stuff and you assume it is the person who should be there...

Actually, this happened to a girl in my dorm in college. It stopped before it went too far, but her boyfriend's roommate slipped into bed with her, she was sleepy and assumed it was him until he walked back in and found this going on. 

ETA: So, you are saying that she's lying and wasn't really raped?

Quoting pamelax3:

That is pretty drunk when you can not tell the difference between your boyfriend and a stranger... I call BS on this one..

 


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