Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

January-04-13

CA Rape Conviction Overturned Because Victim was Unmarried

On Wednesday, the 2nd District Court of Appeals in Los Angeles, CA overturned the rape conviction of a man who impersonated a woman's boyfriend in order to have sex with her because the woman was not married.

The district appeals court found that a law from 1827 that criminalized impersonation of a woman's husband in order have intercourse did not extend to this case because the law did not include protections for women who were not married. "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, even though, if the woman had been married and the man had impersonated her husband, the answer would be yes," the court stated. In its ruling, the district appeals court also called on the state legislature to fix the outdated legislation.

The case featured a woman who went to her home with her boyfriend and his friends after a party. After she fell asleep, her boyfriend left and a friend who had also attended the party entered the woman's room and began to have sex with her. When she realized the man was not her boyfriend, she began to yell and her attacker left. She called her boyfriend who summoned the police. The attacker in question was convicted and served three years in prison.

Media Resources: NBC News 1/4/2013; Los Angeles Times 1/3/2013; USA Today 1/3/2013


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

5/22/2015 Senate Votes to Advance "Fast Tracking" of Dangerous Trade Agreement - The US Senate voted 62 to 38 yesterday to advance "fast track" trade legislation, just one week after Senate Democrats filibustered the controversial bill that would allow President Obama to force Congress to vote up-or-down on the Trans-Pacific Partnership (TPP) agreement. The TPP is a far-reaching trade agreement that has faced staunch opposition from a broad coalition of labor, environmental, women's rights, and human rights groups. . . .
 
5/22/2015 New York Politicians, Advocates, and Activists Have Come Together to Protect Nail Salon Workers - Following a report by the New York Times on the exploitation of nail salon workers almost two weeks ago, New York state and city officials have partnered with advocates and volunteers to bring comprehensive educational programs and labor reforms to the 5,000 licensed salons in the state. Governor Andrew Cuomo (D), who ordered emergency measures last week in the wake of the report - including posting workers' rights information in salons in different languages, shutting down unlicensed salons, implementing new safety requirements, and creating an educational campaign aimed at employees and managers - has introduced a legislative package aimed at building upon those reforms and leading the way for long-term protection for nail salon workers. . . .
 
5/20/2015 New York Attorney General Moves to Expand Access to Contraceptives - New York Attorney General Eric Schneiderman introduced the Comprehensive Contraception Coverage Act of 2015 last week to enhance the availability of contraception for New Yorkers. The bill codifies the federal Affordable Care Act (ACA) in New York state law while strengthening and expanding many of its provisions. . . .