"unmarried victim" Rape conviction overturned based on 1872 law 01/04/13 6:40p.m. TDH

A california appellate court has overturned the rape conviction of a man who was found guilty of sneaking into a sleeping woman’s bedroom and having sexual intercourse with her without her knowledge.  In overturning the conviction of Julio morales, the court cited a law from 1872 that prevents woman from pressing rape charges in such cases, unless the woman is married and the suspect was impersonating her husband.  State lawmakers, led by assemblyman achadjian of san luis Obispo, are vowing to change the law in the wake of the decision.  Achadjian had already introduced legislation to do so, after a similar case in santa Barbara last year prevented the victim from pressing rape charges.  the bill was passed by the assembly, but was delayed in the senate public safety committee.   The decision means that the original court must review the verdict based on the jury’s reasoning.  Morales could still be found guilty by the original court.