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 In its ruling, the district appeals court also called on the state legislature to fix the outdated legislation.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

9/2/2014 California Legislators Pass Affirmative Consent Bill to Combat Campus Sexual Assault - California legislators passed a bill last week that would require state colleges and universities to adopt a standard of unambiguous, affirmative consent for students who engage in sexual activity. SB 967 is the first of its kind. . . .
 
8/29/2014 Terry O'Neill Was One of Hundreds Arrested Calling for Immigration Reform at White House Rally - Thursday, nearly 300 people were arrested in front of the White House during a rally calling on President Barack Obama to halt mass deportations. . . .
 
8/29/2014 BREAKING: Fifth Circuit Blocks Texas TRAP Law Provision! - WASHINGTON - The Feminist Majority Foundation applauds U.S. . . .