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http://www.centurylink.net/news/read.php?id=19235863&ps=1011&cat=&cps=0&lang=en
LOS ANGELES (AP) A California appeals court overturned the rape conviction of a man who pretended to be a sleeping woman's boyfriend, ruling, in part, Wednesday 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................
"Has the man committed rape? 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 decision also urges the Legislature to examine the law.........
Strange case...I wish they had cited the law so we could read it...
LOS ANGELES (AP) A California appeals court overturned the rape conviction of a man who pretended to be a sleeping woman's boyfriend, ruling, in part, Wednesday 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................
"Has the man committed rape? 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 decision also urges the Legislature to examine the law.........
Strange case...I wish they had cited the law so we could read it...
