LOS ANGELES (AP) - A California appeals court has overturned the rape conviction of a man who pretended to be a sleeping woman's boyfriend, saying in part that an arcane law from 1872 doesn't protect unmarried women in such cases.
In a decision posted Wednesday from the Los Angeles-based court, a panel of judges reversed the trial court's conviction of Julio Morales and remanded it for retrial.
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Judge Thomas L. Willhite Jr. writes the law contains "historical anomalies" and the case should be retried to ensure the jury's conviction is supported.
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Morales had been sentenced to three years in state prison after entering a woman's bedroom late one night after her boyfriend had gone home and initiating sexual intercourse while she was asleep, after a night of drinking.
The decision urges the Legislature to examine the law.
The Associated Press