US rape case loophole prompts uproar

An arcane California 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.

Say what???

According to this article, this man slips into the woman's bed after her boyfriend leaves and has sex with her; then she realizes it's some one else.

In the California case from four years ago, Morales went into a room and had sex with an 18-year-old woman after her boyfriend, whom she had fallen asleep beside, had left.
She awoke to the sensation of having sex with Morales, a friend of her brother. She only realised the man in her bed was not her partner when a ray of light from outside the room flashed across his face.

www.bbc.co.uk...

In its ruling on Wednesday, the California appeal court reluctantly decided that Morales was not guilty of rape, because he was pretending to be the woman's boyfriend and not her husband.

"A law dating back to 1872 makes it a crime for a man to have sex with a woman while posing as her husband, but not as a boyfriend."

I can't believe they never changed this law before now. Unbelievable......

It's only rape if he pretended to be her husband....yeah, right.

Simple, She felt guilty for having intercourse with her boyfriends friend and then screams rape so her boyfriend doesnt get pissed at her. You cant tell me that she wouldn't notice the difference!! No 2 penises are alike, for one, Two, not everyone moves the same way! imho she was embarrassed to have been caught cheating on her bf With his friend... She should be prosecuted. No doubt. She gives rap[e victims a bad rap.
This type of thing happens more than it should with accusations of rape.

SMDH
e

Originally posted by kimish
Simple, She felt guilty for having intercourse with her boyfriends friend and then screams rape so her boyfriend doesnt get pissed at her.

This type of thing happens more than it should with accusations of rape.

SMDH

No...it has to do with the out-dated law.

Judge Thomas Willhite wrote in the court's decision: "Has the man committed rape? Because of historical anomalies in the law and the statutory definition of rape, the answer is no, even though, if the woman had been married and the man had impersonated her husband, the answer would be yes."

Basically, if he had posed as her husband, then YES he would go to jail.
But thanks to this stupid law, the judge had to say NO since he only pretended to be her boyfriend.


Stupid crazy law......

reply to post by snarky412

Yes he posed but do you mean to tell me that the woman couldn't tell the difference? Like I stated, No two penises are the same (hence a different sensation) and no two people perform coitus in the same way.
Right or wrong?

IMO shes taking advantage of the law, Because of what I had stated above, she has no reason to believe it was her significant other.

reply to post by snarky412


Rape under false pretenses is a hotly debated issue and should apply here... she was raped, period.

If anything positive is to come out of this, at least they're moving towards closing the loopholes and amending legislation.

Once proven in the court of law - rape is rape... there should be no variations.

ETA: Didn't realise the douche had his sentence overturned

reply to post by Perhaps


She "thought" it was her bf so she allowed it to continue. I listed viable reasons for her to think it wasn't her bf/husband and yet she allowed it to continue.

To me, this is another case of a woman having intercourse and feeling bad or guilty so claiming rape. I know of many of women who have done such things. It's disgraceful.

Originally posted by kimish
reply to post by snarky412

 

Yes he posed but do you mean to tell me that the woman couldn't tell the difference? Like I stated, No two penises are the same (hence a different sensation) and no two people perform coitus in the same way.
Right or wrong?

IMO shes taking advantage of the law, Because of what I had stated above, she has no reason to believe it was her significant other.

edit on 5-1-2013 by kimish because: (no reason given)

I understand where you are coming from.....[no pun intended]

BUT......

If you can take the chick out of the picture for a sec, you have to admit that this law is a tad bit out-dated and bizarre.

What if the sexes were reversed in this case.

Would we simply call a man a liar?

Originally posted by Komonazmuk
What if the sexes were reversed in this case.

Would we simply call a man a liar?

e
Good point!

But I know personally of women that have slept with "ugly" men that were known to have "large members" and for the women to claim rape a day or two later because they were embarrassed for sleeping with an ugly guy, even the the girl initiated.

It Pisses me off. Because, it's innocent until proven guilty, unless its a rape case and the man is reprimanded. and the fact of the matter is many women fabricate it to save their image.

SMDH.

His life would be down the toilet anyway. I’m sure he's lost all of his friends. He’ll struggle for employment and his family may have disowned him. What goes around comes around. He’ll get what he deserves one way or another, I’m sure of that. For the record I think it’d disgusting he got off on a technicality. Another reason I despise lawyers...

Originally posted by BlindBastards
His life would be down the toilet anyway. I’m sure he's lost all of his friends. He’ll struggle for employment and his family may have disowned him. What goes around comes around. He’ll get what he deserves one way or another, I’m sure of that. For the record I think it’d disgusting he got off on a technicality. Another reason I despise lawyers...

What if the woman initiated and wanted it? What then? I gave examples, not all rape cases are actually rape, women will fabricate out of embarrassment. I can give you 3 examples off the top of my head!

Originally posted by kimish

Originally posted by Komonazmuk
What if the sexes were reversed in this case.

Would we simply call a man a liar?

e
Good point!

But I know personally of women that have slept with "ugly" men that were known to have "large members" and for the women to claim rape a day or two later because they were embarrassed for sleeping with an ugly guy, even the the girl initiated.

It Pisses me off. Because, it's innocent until proven guilty, unless its a rape case and the man is reprimanded. and the fact of the matter is many women fabricate it to save their image.

SMDH.

edit on 5-1-2013 by kimish because: (no reason given)

Can we PLEASE get off "Let's bash women, it's her fault and she knew what was happening" crap???? Geez...

This is supposed to be about the Law in California that needs to be fixed.
And besides, for you that are against the woman, the man did not get jail time.
So you should be happy....

Thank you~
snarky

Originally posted by kimish

Originally posted by BlindBastards
His life would be down the toilet anyway. I’m sure he's lost all of his friends. He’ll struggle for employment and his family may have disowned him. What goes around comes around. He’ll get what he deserves one way or another, I’m sure of that. For the record I think it’d disgusting he got off on a technicality. Another reason I despise lawyers...

What if the woman initiated and wanted it? What then? I gave examples, not all rape cases are actually rape, women will fabricate out of embarrassment. I can give you 3 examples off the top of my head!

Damn...what woman pissed you off in the past?!
All you have done is bash women in your comments.
Nice....

reply to post by kimish


I'll put it to you like this... I'm very familiar with the "morning after syndrome" and the accompanying version of events that go with it - I understand your points.

However, in this particular case noted in the OP, the defendant was found guilty of rape and then had the ruling overturned due to an archaic law dated back to 1872.

We're not privy to the mitigating evidence, if any... the bottom line is, the dude was a convicted rapist until the charge was overturned due to a pathetic loophole.

reply to post by snarky412


Trust me, I don't bash women but out of 13 aunts and uncles 11 being aunts, I know how women are and act. On top of that, I've had women friends and lovers. I'm not labeling "all" women, but from my personal life experiences, i'm labeling %50 of women. Not to mention the women I know that have claimed "rape", when in fact they were embarrassed for have slept with the guy. I know a lot of rape victims, and honestly 3/4 of them are BS. the women felt guilty for doing it or she had forgot about it so called rape.

I'd put those statements on my fathers grave.

Women are manipulative. I don't hate women but you can't trust anybody nowadays.

Anyway, that law is dumb and it needs to come off the books. A lot of people aren't getting married these days so it's really outdated.

She awoke to the sensation of having sex with Morales, a friend of her brother. She only realised the man in her bed was not her partner when a ray of light from outside the room flashed across his face.

I get it now. She went to bed beside her boyfriend and woke up with someone have sex with her. As the room was dark (and just woke up) she didn't realize it wasn't her boyfriend for a few minutes. Naturally since she went to bed with her boyfriend she assumed it was him until the light betrayed her rapists identity.

reply to post by kimish


Dude it sounds like you hate women

How would you know what different penises feel like?
How many have you had inside you that you are such an authority?

Ive worked with many victims of sexual assault and the number who are "lying" is not 50% its a tiny minority.
Even if sex starts as consensual as soon as one party says stop if it continues it is rape.
About 30% of rape cases come under this catergory and are usually the result of the male getting rough.

It didnt say this woman was "caught" she was woken by someone having sex with her, she would have been groggy so less likely to notice any difference in technique. when she saw it was him she stopped him.
He jumped into a girls bed and while she was asleep starting having sex, THAT IS RAPE!!!!!!!

And are you saying your moves are so consistent that that a girl would always be able to tell its you?
I feel sorry for any women youve slept with, you must be a terrible lover

why dont we have the power to change a retarded law on the spot?

It is beyond me how this scum bag is still around scott free......

reply to post by snarky412
From a legal standpoint I find this outdated law to be absurd. Something should be done to change it ASAP. I hope the young woman is able to seek some sort of justice with a civil suit.

Now from a more personal standpoint I'd like to whine a little: Why doesn't anything like that ever happen to me doggone it! Not Fair!

**ATTENTION**

The topic of this thread is: US rape case loophole prompts uproar.

Please stick to the discussing outlined in the OP.

Thank You.

~Tenth
ATS Mod