US Man Who Says He Tricked Woman Into Sex Can't Be Convicted of Rape

[das_nut]

At trial, Doe [the alleged victim] testified that she was asleep and never consented. [The alleged perpetrator] testified he thought Doe had awakened because she returned his kisses, helped him remove her pajamas and repositioned herself on the bed. But he admitted he knew that she was likely mistaking him for her boyfriend.

[...]

In [this] case, part of the problem is that California's definition of rape specifically includes impersonation — but only by a spouse.

California, update your damn laws! It's clear that in this case, such an impersonation is outside of the norm for social behavior, and it's very unlikely that the (alleged) victim would have consented if she knew the truth.

And while we're at it, other states need to check their own laws. There's far too many assumptions that have been made about gender and marital status in criminal law. The laws need to be updated.

 

[AeryFairy]

This makes my skin crawl.

 

[Eleven]

Time for a rewrite.