‘Imposter’ wins rape appeal as victim was unmarried
Tim Walker is The Independent’s Los Angeles correspondent, covering entertainment and other concerns from the West Coast of the US. He was previously a features writer and the editor of the paper’s diary column. His first novel, Completion, is being published in January 2014.
Friday 04 January 2013
A California appeals court has overturned the rape conviction of a man who had sex with a sleeping woman on the basis of legislation dating to 1872, which says only married women are protected from rape by “imposters”.
At a house party in Cerrito in northern California in 2009, the 18-year-old woman went to bed with her boyfriend, who later left her asleep.
Julio Morales, a friend of the woman’s brother, entered the room and began to have sex with her. Only when light from the open bedroom door fell across his face did she realise he was not her boyfriend, at which point, the court documents record, “she pushed him away again and began to cry and yell”.
Morales was convicted of rape and sentenced to three years in prison. However, a three-judge panel “reluctantly” reversed the decision because, under California law, the impersonation ruling only applies if the victim is a married woman.
In their judgment, the appeals panel said its ruling hinged on “historical anomalies in the law” and “...if the woman had been married and the man had impersonated her husband” then the previous ruling would have been upheld. A new trial has been ordered.
- 1 Cyclist who knocked down three-year-old girl says his life has been 'destroyed'
- 2 Chelsea victory parade: Chelsea mocked on Twitter as 'tens of fans' pack the streets of London
- 3 US warned by Chinese media to stop meddling or 'war will be inevitable'
- 4 Woman, 21, dies after taking contraceptive pill that 'caused fatal blood clot'
- 5 Isis burns woman alive for refusing to engage in 'extreme' sex act, UN says
Cyclist who knocked down three-year-old girl says his life has been 'destroyed'
US warned by Chinese media to stop meddling or 'war will be inevitable'
How China's richest man Li Hejun lost $15bn in an hour - and made a fortune
Isis burns woman alive for refusing to engage in 'extreme' sex act, UN says
Snoop Dogg on why he doesn't regret displaying misogyny towards women
As a white man, I'm surprised more women aren't tweeting the hashtag #KillAllWhiteMen
Scotland may have to leave the EU even if it votes to stay in, David Cameron confirms
The day that Britain resigned as a global power
SNP fury as HS2 finds 'no business case' for taking fast train service to Scotland
EU referendum: David Cameron's rules are a 'democratic disgrace', says French-born Scottish politician set to be denied a vote
A nation of inequality: How the UK is failing to feed its most vulnerable people
£40-50K: Guru Careers: We are seeking an experienced Software / C# Developer w...
£35 - 40k + Benefits: Guru Careers: We are seeking a Software Developer (JavaS...
£18000 - £23000 per annum + Commission: SThree: As a Trainee Recruitment Consu...