So you slip into a bed occupied by an 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. A California appeals court weighing the case against Julio Morales today essentially said …. 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.
Has the man committed rape? Because of historical anomalies in the law and the statutory definition of rape, the answer is no …. 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 at a Cerritos house party. Warming: explicit, sexual language :. According to Jane, she woke up to the sensation of having sex. She was in a different position on the bed, perpendicular to the position she had been in when she fell asleep. She was confused because she and Victor had agreed not to have sex that night. When light coming through a crack in the bedroom door illuminated the face of the person having sex with her, i. Defendant grabbed her thighs and pushed his penis back into her vagina.
She pushed him away again and began to cry and yell. Defendant left her room; Jane locked her door and called Victor, asking him to come back to her house. He thought she was attractive, so he kissed her on the cheek.
She turned toward him, and they kissed some more. He thought she was not asleep because she responded to his kisses, but he also thought she believed he was her boyfriend. They kissed for several minutes, and he became aroused. He began to take her pajamas and underwear off, and she lifted her hips to help him. He unbuckled his belt, pulled down his pants, and began to have sex. He stopped because he felt he was betraying his girlfriend; he did not recall Jane pushing him away, and he did not try to reinsert his penis after he pulled out of her.
When he went to leave the room, it felt like someone was holding the door shut. He finally was able to open the door, and he saw his friend Tony standing outside, laughing. In distinguishing impersonating a husband versus a boyfriend, the court cited a previous California ruling that states:.
IX of the Pen. The court said it was bound by the letter of the law, which dates to … Morales, who was convicted during a second trial the first ended in a hung jury and already served his time, three years, is getting a new trial.
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