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DU Home » Latest Threads » Forums & Groups » Main » Latest Breaking News (Forum) » Calif. court orders new t... » Reply #2

Response to jsr (Original post)

Fri Jan 4, 2013, 07:15 PM

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.


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