Law won't protect unmarried victims in rape

[desrt]

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

"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............
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........."

[teko]

Well yes, and in the last couple of years, across the nation with the states doing some of the most outrageous things, who would not think we are going backward. Crazy Crazy Stuff!

[adgal]

It makes me think of the days when women were considered property...either the property of their father's or their husbands.  The laws then went after those that violated those women based on the fact that they were another man's property, not based on the fact that they had any rights whatsoever.  Just mind boggling...seriously mind boggling.

[teko]

I agree adgal, are the people sleeping here or what? They take advantage of the majority either not paying attention or not understanding or simply not caring and push this kind of crap thru.

[adgal]

I'm still absolutely flabbergasted by this, I really am.  I cannot believe that somehow a married women's rights would be more protected then an unmarried women's.  Unbelievable.  Is this a Federal law?  Or is is just a state thing?  As for why it was considered rape, I would say that both of the prosecutions arguments are true...both should be considered rape.

[rivll]

http://www.upworthy.com/all-the-things-you-wouldnt-say-in-front-of-your-own-mother-that-were-said-by-the?c=ufb1

This is not directly related to rape but it is an interesting take on how far we still need to evolve concerning the perception of women in our society.

[MrsPincince]

SMH!....

[teko]

I said it before and I will say it again, we are going backwards in anything concerning women and their rights. People better wake up and start noticing and start talking back. This is simply disgusting.

[adgal]

What??????  So a man sneaks into a women's bedroom while she is sleeping, has sex with her, and this is ok?  Because she wasn't married?  I'm sorry, did I go back in time without noticing?  Can someone please confirm what year this is?

And we wonder why so many rapes go unreported.  What the heck is wrong with this world.  I'm totally and utterly absolutely disgusted.  Being tricked into sex would be non consensual sex, and that is rape.  Period.