Thursday, January 10, 2013

From the "Truth is stranger than fiction" file.

"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."

People v. Morales, 2013 Cal. App. LEXIS 2 (Cal. App. 2d Dist. Jan. 2, 2013)

Isn't this a plot device from Shakespeare's Measure for Measure?


Anonymous said...

While not Rape, what about Breaking and Entering?

marian said...

He could have slipped in while boyfriend was looking the other way and lighting his pipe, cigarette or petting the dog... on his way out. Thanks for asking this important question! So as an unmarried woman who had sexual intercourse and is still unmarried that night, she is not being raped by the unidentied stranger but if she were married she would be able to cry rape..because consent to exclusivity with husband is already implied but NOTHING is spelled out with boyfriend... OK THEN.

Oooooh I like it.

All the more reason for women to insist on marriage first. : )

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