- Woman fell asleep in her bed with her boyfriend who went home later
- Her brother’s friend then came upstairs and got in her bed and started kissing her
- She woke up once he began having sex with her but at first she thought it was her boyfriend because the room was dark
- Once she realized it wasn’t him, she screamed and kicked him out
- Now his rape conviction overturned based on 1872 law that does not give single women same rights as unmarried women
- Law does not protect unmarried women against ‘rape’ by ‘imposters’
The rape conviction of a California man who pretended to be a sleeping woman’s boyfriend has been overturned, with an appeals court ruling Wednesday that an arcane law from 1872 doesn’t protect unmarried women in such cases.
By reversing the decision, the Los Angeles court ruled that Julio Morales, a friend of the victim’s brother, should not be convicted of raping a woman and serving the three year sentence that he originally faced.
He was accused of entering a woman’s bedroom late one night after her boyfriend had gone home and initiating sexual intercourse while she was asleep, after a night of drinking.
The victim said her boyfriend was in the room when she fell asleep, and they’d decided against having sex that night because he didn’t have a condom and he had to be somewhere early the next day.
