When Is A Rape Not a Rape? In California…

Words fail me.

A California appeals court overturned the rape conviction of a man accused of pretending to be a woman’s boyfriend when he snuck into her bedroom and had sex with her, concluding that the law doesn’t protect unmarried women in such cases.

Citing an obscure state law from 1872, the panel ruled that an impersonator who tricks someone into having sex with him can only be found guilty of rape if he is pretending to be a married woman’s husband.

“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,” Judge Thomas L. Willhite Jr. wrote in the court’s decision.

What. The. Fuck?

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Steve Hynd

Most recently I was Editor in Chief of The Agonist from Feb 2012 to Feb 2013. My blogging began at Newshoggers and I’ve had the immense pleasure of working with some great writers there and around the web ever since, including at Crooks & Liars. I'm a late 40′s, Scottish ex-pat, now married to a wonderful Texan, with Honours in Philosophy from Univ. of Stirling, UK 1986. I worked most of life in business insurance industry (fire, accident, liability) including 12 years as a broker/underwriter/correspondent at Lloyd’s of London. Being from the other side of the pond, my political interests tend to focus on how US foreign policy affects the rest of the planet. Other interests include early and dark-ages British history, literature and cognitive philosophy/science.

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