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California Rape Law Only for Married Women: CourtIf an attacker has sex with a California woman by pretending to be her husband, that's rape. But if she's not married and he's impersonating her boyfriend, it's a different story, according to a state appeals court. Judges unanimously overturned the conviction of Julio Morales, who had sex with a woman after her boyfriend left her bedroom late one night in February 2009. When she realized the man was not her boyfriend, she screamed and fought him, the Los Angeles Times reports. But the appeals court found that, because of the wording of an 1872 law, his behavior may not have been grounds for a rape conviction.
But the appeals court found that, because of the wording of an 1872 law, his behavior may not have been grounds for a rape conviction.