Reply #2

In the discussion thread: Calif. court orders new trial in rape of sleeping woman [View all]

Fri Jan 4, 2013, 07:15 PM

rocktivity (36,620 posts)

2. He's being re-tried? Good, I thought the charges had been dropped.

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...

If he entered (broke into?) the home and bedroom with the intent of having sex with the woman and did not get consent because she was asleep, the answer should be yes. If she was asleep, she was incapable of giving consent = rape.

rocktivity

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Replies to this discussion thread

15 replies	Author	Time	Post
Calif. court orders new trial in rape of sleeping woman [View all]	jsr	Jan 2013	OP
how stupid	SemperEadem	Jan 2013	#1
And 3 years wasn't enough. And this was probably not his first rape.	freshwest	Jan 2013	#5
He's being re-tried? Good, I thought the charges had been dropped.	rocktivity	Jan 2013	#2
So what if a man comes into a dark bedroom, has sex with a woman and then finds out she was	24601	Jan 2013	#6
If the man doesn't live there, and the woman was asleep, he has raped her	rocktivity	Jan 2013	#7
But in the is case, the appeals court could not tell if the jury found that she was asleep, in which	24601	Jan 2013	#12
Well, THERE'S a bullshit law that needs to be	Le Taz Hot	Jan 2013	#3
There was a bill about this in 2011; stuck in committee because it would increase prison population	muriel_volestrangler	Jan 2013	#8
Wow! Thanks for this.	Le Taz Hot	Jan 2013	#10
Sadly a case of obsolete state laws gone EVIL.	alp227	Jan 2013	#9
Check out the links	Le Taz Hot	Jan 2013	#11
Horrible legal interpretation.	bluesbassman	Jan 2013	#4
"...convicted defendant on the correct or incorrect theory."	Deep13	Jan 2013	#13
Well, WTF?	SoapBox	Jan 2013	#14
kicked	Kaleva	Jan 2013	#15

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