Image: Thinkprogress


BY JASMINE BAILEY


A controversial California law dating back to 1872 has allowed a convicted rapist  the chance to wipe his record clean, after impersonating an 18-year-old woman’s boyfriend and tricking her into having sex. Here’s what happened.

KXTV:
“The night began for the victim, identified as Jane Doe, at a party drinking several beers... Jane invited her boyfriend to stay the night. But since he didn’t have a condom they decided against it and she fell asleep.”


Jane was then woken up to the sensation of having sex. The Daily Mail reports the room was dark and she thought it was her boyfriend and was confused because they decided not to have sex earlier.
 

It wasn't until a ray of light from outside the room flashed across the man’s face that she realized the man in bed with her wasn't her boyfriend but rather Julio Morales— a friend of her brother. Morales admits in court documents that the victim might have believed she was kissing her boyfriend.


Morales was initially found guilty of rape and sentenced to three years in prison. But according to California state Law, “Any person who fraudulently obtains the consent of another to sexual relations escapes criminal liability, unless he (or she) … masquerades as the victim’s spouse.”


And because Morales was merely impersonating her boyfriend— he technically wasn’t breaking California law.  The judge wrote in the court decision, stating…


"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."


But a writer for the Raw Story points out…
“The court argued, however, that the case should be retried and that the archaic law should be examined and possibly overturned. [One judge] called Morales’ actions in the case ‘despicable,’ but that the state’s law left the three judge panel with no choice.”


KPTM:
“And that’s the problem,—it’s not the judge’s position to interpret the law it’s the judge’s position to enforce the law. I just feel bad for her., just seeing this guy walk free.”


In a statement from the California Attorney General, Kamala Harris said,

KTTV:
“The evidence is clear that this case involved a non consensual assault that fits within the general understanding of what constitutes rape. This law is arcane and I will work with the Legislature to fix it.”


Despite so much dispute over the law it should be noted, Morales has already served his three year sentence but is getting a new trial.  The matter will be taken up on Monday when the legislature reconvenes

 

 

Legal Loophole Allows Convicted Rapist To Be Retried

by Jasmine Bailey
0
Transcript
Jan 5, 2013

Legal Loophole Allows Convicted Rapist To Be Retried

 


Image: Thinkprogress


BY JASMINE BAILEY


A controversial California law dating back to 1872 has allowed a convicted rapist  the chance to wipe his record clean, after impersonating an 18-year-old woman’s boyfriend and tricking her into having sex. Here’s what happened.

KXTV:
“The night began for the victim, identified as Jane Doe, at a party drinking several beers... Jane invited her boyfriend to stay the night. But since he didn’t have a condom they decided against it and she fell asleep.”


Jane was then woken up to the sensation of having sex. The Daily Mail reports the room was dark and she thought it was her boyfriend and was confused because they decided not to have sex earlier.
 

It wasn't until a ray of light from outside the room flashed across the man’s face that she realized the man in bed with her wasn't her boyfriend but rather Julio Morales— a friend of her brother. Morales admits in court documents that the victim might have believed she was kissing her boyfriend.


Morales was initially found guilty of rape and sentenced to three years in prison. But according to California state Law, “Any person who fraudulently obtains the consent of another to sexual relations escapes criminal liability, unless he (or she) … masquerades as the victim’s spouse.”


And because Morales was merely impersonating her boyfriend— he technically wasn’t breaking California law.  The judge wrote in the court decision, stating…


"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."


But a writer for the Raw Story points out…
“The court argued, however, that the case should be retried and that the archaic law should be examined and possibly overturned. [One judge] called Morales’ actions in the case ‘despicable,’ but that the state’s law left the three judge panel with no choice.”


KPTM:
“And that’s the problem,—it’s not the judge’s position to interpret the law it’s the judge’s position to enforce the law. I just feel bad for her., just seeing this guy walk free.”


In a statement from the California Attorney General, Kamala Harris said,

KTTV:
“The evidence is clear that this case involved a non consensual assault that fits within the general understanding of what constitutes rape. This law is arcane and I will work with the Legislature to fix it.”


Despite so much dispute over the law it should be noted, Morales has already served his three year sentence but is getting a new trial.  The matter will be taken up on Monday when the legislature reconvenes

 

 

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