This case appears to be about the jury instructions relating to the accused's story, which is different from the victim's:
Morales testified that the woman was asleep when he entered the bedroom, and he awoke her by kissing her on the cheek. He said she exchanged kisses and then had sex with him, probably because she mistakenly thought he was her boyfriend. He said he left on his own and didn't remember being pushed away.
Morales' first trial ended in a hung jury. He was convicted in his second trial of the crime of "rape of an unconscious person," which jurors were told could be committed in one of two ways: Either the victim was asleep and unable to refuse consent, or she was unaware of what she was doing because the perpetrator "concealed information from her."
The appeals court said that the second case was inaccurately described to the jury, because the law only applied to a married victim who believed he/she was having sex with his/her spouse.
"We reluctantly hold that a person who accomplishes sexual intercourse by impersonating someone other than a married victim's spouse is not guilty of the crime of rape of an unconscious person," said Justice Thomas Willhite in the 3-0 ruling. Because it wasn't clear whether the jury convicted Morales on that basis, the court said, he is entitled to a new trial.
When the court said the legislature should amend the law, they meant that the legislature should amend the law to cover cases like this.
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