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fick A California appeals court overturned the rape conviction Looking for fuck married woman morales 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 fromthe panel ruled that an impersonator who tricks someone into having sex with him can marrief be found guilty of rape if he is pretending to be a married woman's husband.

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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 Looming.

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Accused Rapist's Defense: The court found that the woman consented, even though she was tricked. Had she been married the law foe such a deception as rape, but as an unmarried woman it does not. The court ruled unanimously, if reluctantly, and sent the case back for retrial.

Julio Morales was accused of raping an year-old woman in Februaryafter the woman, Morales, and her boyfriend attended a party together where they were drinking. After coming home together Morales allegedly snuck into the woman's room while she was sleeping and had sex with her.

It was not until a beam of light from a window illuminated his face, that the woman realized she was not having sex with her boyfriend, but with Morales, according to prosecutors.

The three justices found that prosecutors advanced two theories at the time of trial.

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One was the impersonator theory, which the appeals court threw out. But prosecutors also suggested Morales raped a sleeping woman.

When the case is retried, prosecutors will have to rely only on that theory, the court found. The panel implied that their hands were tied given the law and implored California lawmakers to "correct the incongruity that exists when a man may commit womzn … when impersonating a husband, but not when impersonating a boyfriend.

Justice Willhite said the California law had not been consistently applied. A similar law led to an acquittal in Iowa in That state's legislature amended the law to cover all women last year. Calls to the California Attorney General's Office were not immediately returned.

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