is this rape? woman has sex with man because she thinks he's her boyfriend - bedroom is dark [View all]

[Liberal_in_LA]

Appeals court reluctantly overturns rape conviction

A state appeals court has overturned the rape conviction of a Southern California man whose victim may have mistakenly believed he was her boyfriend - conduct that the court reluctantly concluded is not a crime.

In a ruling Wednesday, the Second District Court of Appeal in Los Angeles granted a new trial to Julio Morales, who has already served his three-year prison sentence, and urged the Legislature to change the law.

Morales was charged with sexually assaulting an 18-year-old woman in her dark bedroom after a party in Cerritos (Los Angeles County) in February 2009. The court said the woman and her boyfriend had considered having sex after the party but decided not to, and he went home while she fell asleep.

She told police she awoke awhile later during an act of intercourse, but realized only when light shone into the room that the man was not her boyfriend. She said she tried to push him away, and he resisted but eventually left.


Read more: http://www.sfgate.com/crime/article/Appeals-court-reluctantly-overturns-rape-4164988.php#ixzz2GwgJVm00

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