Rape conviction overturned for man accused of raping sleeping woman

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Updated: 1/04/2013 10:28 am Published: 1/04/2013 10:27 am

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.

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.

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.

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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The views expressed here do not necessarily represent those of KOKI FOX23 - Tulsa

WyoMoe - 1/16/2013 7:29 AM
0 Votes
The results of being a drunk?

Gladys Crump - 1/7/2013 1:12 AM
0 Votes
It was non consensual, same if he had worn a mask or put a blindfold on her and raped her. California is a sick place...will be glad when it finally does fall off into the ocean.

sophiesmom318 - 1/4/2013 8:29 PM
1 Vote
The sex was obviously not consensual, so what else would they call it? I call it rape. Believe me, if it had been in Oklahoma that guy would have gotten more than a 3 year sentence and the conviction would have been upheld. California lawmakers are a bunch of idiots!

aleman - 1/4/2013 4:22 PM
1 Vote
The ultimate in liberal insanity,the future...with much more to come

USEagle - 1/4/2013 12:55 PM
4 Votes
It is rape! Only a moron would think different!!
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