sbyte: (Default)
[personal profile] sbyte
OMG, an appeals court in California overturned a rape conviction based on a law dating back to 1872. It doesn't protect single women in certain types of rape cases. Apparently, if the perpetrator masquerades as a woman's spouse, it is rape. However, if he masquerades as a boyfriend, it is legal!

“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 victim’s spouse.”

ABC News says that 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.

The article is all over the Internet, but here are a couple of links.

http://abcnews.go.com/US/wireStory/judge-law-protect-unmarried-victims-rape-18127736

http://www.dailymail.co.uk/news/article-2256982/Julio-Morales-Rape-charges-dropped-man-snuck-bed-drunken-woman-sex-wasnt-MARRIED.html

Date: 2013-01-05 12:54 am (UTC)
chloe_amethyst: (Default)
From: [personal profile] chloe_amethyst
It's amazing what still lurks on the law books of the land. :-/

Date: 2013-01-05 04:12 am (UTC)
aglarien: (Default)
From: [personal profile] aglarien
For for friggin sake. Our legislature needs to fix that law, as in yesterday.

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