California Court Overturns Rape Conviction Because Victim Was Not Married

An appellate court ruling overturning a rape conviction because the victim wasn't married prompted anger Friday from women's groups and a state legislator who plans to introduce a bill that would close the legal loophole.

In its ruling, California's 2nd District Court of Appeal reluctantly concluded that Julio Morales hadn't raped an 18-year-old because a state law crafted in the 1870s says a person who gets consent for sex by pretending to be someone else is only guilty of rape if the victim is married and the perpetrator is pretending to be the spouse. In this case, Morales apparently pretended to be the teen's boyfriend, and she didn't recognize otherwise until seeing him in the light.

The court urged the Legislature to update the law, and state Assemblyman Katcho Achadjian, R-San Luis Obispo, said Friday that he would introduce a bill.
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