Julio Morales' Sex With Sleeping Woman Not Rape Because She Wasn't Married | The Informer | Los Angeles | Los Angeles News and Events | LA Weekly
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Julio Morales' Sex With Sleeping Woman Not Rape Because She Wasn't Married

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Thu, Jan 3, 2013 at 3:54 PM

click to enlarge ALLIE HOLZMAN / FLICKR
  • Allie Holzman / Flickr
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*Law That Allows Unmarried Women To Be Raped Will Be Fixed, Says Jimmy Gomez.

So you slip into a bed occupied by an 18-year-old sleeping woman and have sex with her, admitting that, as she becomes conscious, she thinks you're her boyfriend. It's dark. She's possibly drunk. When she realizes you're not her man, she pushes you away and screams. Or not. You resist her rejection. Or not.

Is it rape?

A California appeals court weighing the case against Julio Morales today essentially said ...

... no. Why? Because she wasn't married. Say what?

The court laid it down just like we just did:

A man enters the dark bedroom of an unmarried woman after seeing her boyfriend leave late at night, and has sexual intercourse with the woman while

pretending to be the boyfriend. Has the man committed rape? Because of historical anomalies in the law and the statutory definition of rape, the answer is no ...

And here's the money quote:

click to enlarge DEEROOT / FLICKR
  • deeroot / Flickr

... If the woman had been married and the man had impersonated her husband, the answer would be yes.

Really. Not only that, but the Second Appellate District Court in Los Angeles said state legislators should revise rape law so that it's clearer for cases like this.

This is what the court says happened that night in 2009 at a Cerritos house party. (Warming: explicit, sexual language):

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