‘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 Nigel Farage: Me vs Russell Brand on Question Time – he's got the chest hair but where are his ideas?
- 2 Harry Potter fans can apply to the Hogwarts-inspired College of Wizardry
- 3 Jessica Chambers: 19-year-old woman 'doused with lighter fluid and burned alive' in the US
- 4 Russell Brand calls Nigel Farage 'poundshop Enoch Powell' in BBC Question Time debate
- 5 Orange Wednesdays are no more
Weather bomb in pictures: Storms cuts power for tens of thousands – and snow is on the way
Jessica Chambers: 19-year-old woman 'doused with lighter fluid and burned alive' in the US
Russell Brand calls Nigel Farage 'poundshop Enoch Powell' in BBC Question Time debate
Russell Brand was rendered speechless on Question Time by this man
Fury at Airbus after it hints the super-jumbo may be mothballed
Disgruntled RBS worker writes hilarious open letter to Russell Brand after anti-capitalist publicity stunt leaves him hungry
Nigel Farage defends Kerry Smith 'ch***y' comment: 'If you are going for a Chinese, what do you say you’re going for?'
Nigel Farage's approval rating hits 'record low' as popularity suffers in wake of Ukip sex scandal
Rozanne Duncan: Ukip expels councillor for 'jaw-dropping' comments made in BBC TV interview
Sony hack: Angelina Jolie branded 'seriously out of her mind' in further embarrassing leaked email saga
Panic Saturday: 13 million Britons spend £1.2bn – while 13 million others across the country live in poverty unable to afford food
Excellent Salary: Austen Lloyd: Exeter - An excellent opportunity for a Solici...
£17000 - £20000 per annum: Ashdown Group: IT Helpdesk Support Technician - 12 ...
£28000 - £32000 per annum + pension + holidays: The Jenrick Group: Maintenance...
£30000 - £38000 per annum + pesion + holidays: The Jenrick Group: World Wide S...