• Fri, Jan 4 2013

Why It’s Okay To Rape An Unmarried Woman

unmarried woman rape

Well, everything is awful, again. The charges were recently dropped against Julio Morales, a man who crept into a woman’s bed pretending to be her boyfriend.  The victim explains:

According to Jane, she woke up to the sensation of having sex. She was in a different position on the bed, perpendicular to the position she had been in when she fell asleep. She was confused because she and Victor had agreed not to have sex that night. When light coming through a crack in the bedroom door illuminated the face of the person having sex with her, i.e., defendant, she realized it was not Victor and tried to push him away. Defendant grabbed her thighs and pushed his penis back into her vagina. She pushed him away again and began to cry and yell.

Was this perhaps some manner of absolutely insane and terrifying misunderstanding? No. No, it wasn’t. Julio states:

He thought she was attractive, so he kissed her on the cheek. She turned toward him, and they kissed some more. He thought she was not asleep because she responded to his kisses, but he also thought she believed he was her boyfriend.

So, the man has stated that he was pretty sure that the woman he was having sex with thought he was someone else. But don’t worry! It’s fine! The charge got overturned because according to an absurd law in the California penal code:

‘any person who fraudulently obtains the consent of another to sexual relations escapes criminal liability (at least as a sex offender under tit. IX of the Pen. Code), unless he (or she) … masquerades as the victim‟s spouse’.

So, I guess it serves her right for not being married.

The world is terrible.

Picture via An Unmarried Woman

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  • MilitantRubberDucky

    What in the fuck!? That’s such bullshit.

  • Melissa

    This article overlooks the complexity of the judge’s decision. In reality, it did two positive things; 1) It highlighted that the legislature must overturn this outdated law (it is a violation of separation of powers for a judge to legislate from the bench) and 2) ordered the case to be retried arguing that sex with an unconscious woman is rape under California law, so that the assailant will surely be convicted.

    The law is deplorable, but the judge did the right thing.