CA rape conviction overturned because victim was unmarried (this is a CURRENT case, people)

[bemildred]

9. Legislators vow to change law on rape by impersonation

California legislators and the state's top prosecutor said Friday that they would work to overhaul a law that makes it a crime to obtain sex by impersonating another only if the victim is a married woman.

The 19th century law required a state appeals court on Wednesday to overturn the rape conviction of a Los Angeles County man who entered a darkened bedroom where a woman was sleeping and had sex with her.

The 18-year-old woman said she initially mistook the defendant for her boyfriend, who had left earlier, but resisted when she realized it wasn't him. Police said the defendant admitted the woman probably wrongly assumed he was her boyfriend.

The Los Angeles-based 2nd District Court of Appeal said it had ruled reluctantly and appealed to the Legislature to change the law. Another court also put the Legislature on notice of the law's anomaly 30 years ago, but legislators failed to act.

http://www.latimes.com/news/local/la-me-rape-impersonation-20130105,0,2404280.story