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Sat Jan 5, 2013, 04:18 AM

US rape case loophole prompts uproar

This discussion thread was locked as off-topic by Kaleva (a host of the Latest Breaking News forum).

Source: BBC News

4 January 2013 Last updated at 22:24 ET Sh
US rape case loophole prompts uproar

California lawmakers have vowed to close a loophole that allowed a man's rape conviction to be overturned because his victim was not married.

An arcane state law says a person who gets consent for sex by pretending to be someone else is guilty of rape only if posing as the victim's spouse.

Julio Morales was initially convicted of rape after pretending to be the unmarried victim's boyfriend.

A similar loophole has already been closed in the state of Idaho.


Read more: http://www.bbc.co.uk/news/world-us-canada-20918642

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Reply US rape case loophole prompts uproar (Original post)
Judi Lynn Jan 2013 OP
Judi Lynn Jan 2013 #1
Disconnect Jan 2013 #2
Kaleva Jan 2013 #3

Response to Judi Lynn (Original post)

Sat Jan 5, 2013, 04:39 AM

1. California official urges law to stop rape by impersonators

California official urges law to stop rape by impersonators
By Brandon Lowrey
LOS ANGELES | Fri Jan 4, 2013 9:40pm EST

(Reuters) - California's attorney general on Friday called on lawmakers to update the state's definition of sexual assault after appellate judges overturned a rape conviction on grounds that an obscure, 19th-century law fails to protect unmarried women when a rapist impersonates a lover.

The 1872 statute makes it a crime for a man to have sex with a woman while posing as her husband. But it does not address the case of an impostor who poses as a woman's boyfriend, which was key to the overturned conviction because the woman in that case was unmarried.

"The evidence is clear that this case involved a non consensual assault that fits within the general understanding of what constitutes rape," Kamala Harris, the state's Democratic attorney general, said in a statement. "This law is arcane, and I will work with the Legislature to fix it."

One state lawmaker said on Friday he planned to introduce legislation to change the statute. Assemblyman Katcho Achadjian, a Republican, said in a statement that closing the loophole in the rape law would be his "top legislative priority."

More:
http://www.reuters.com/article/2013/01/05/us-usa-rape-california-idUSBRE90402C20130105

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Response to Judi Lynn (Original post)

Sat Jan 5, 2013, 08:44 AM

2. Courts of limited jurisdiction

 

At least the judge's in this case did not abuse their descretion and stayed in their limited jurisdiction. They are bound to obey the law statute that is established by the legislature.

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Response to Judi Lynn (Original post)

Sat Jan 5, 2013, 09:40 AM

3. Locking

Please continue discussion here:

http://www.democraticunderground.com/1014356988

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