California court rules raping unmarried women is not rape 

Sleeping woman

A California court ruled that raping a sleeping unmarried woman is not considered rape under the eyes of the law, according to a new ruling issued this week.

The California appeals court overturned the conviction of rape against a man who was accused of pretending to be the boyfriend of a woman. According to court proceedings the man broke into the bedroom of the woman and had sex with her. The court concluded that the law does not protect unmarried women in these cases.


Citing an obscure state law in effect since 1872, the panel ruled that a trickster can only be convicted of rape if he is pretending to be the husband of a married woman.

“Did the man commit rape? Due to historical anomalies in the law and the legal definition of rape, the answer is no. If however she had been married and the man had posed as her husband, then the answer would be yes,” judge Thomas L. Willhite Jr. wrote in the court’s decision.

The court found that the woman consented, even though she was deceived. Had she been married, the law would define the deception as rape, but as a single woman it does not.

The court ruled unanimously, albeit reluctantly, and returned the case for retrial.
“We reluctantly hold that a person performing sex posing as someone other than a spouse of a married victim is not guilty of the crime of rape,” Willhite wrote.


Julio Morales was accused of raping a woman, who was 18-years-old, in February 2009, after the woman, Morales, and her boyfriend attended a party where they were drinking together. After arriving home together Morales allegedly sneaked into the woman’s room while she was sleeping and had sex with her.


It was not until a ray of light from a window illuminated his face, that the woman realized that she was not having sex with her boyfriend, but with Morales, according to prosecutors.

He was sentenced to three years in state prison.

For video report see here yourjewishnews.com

Debbie Gross



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