Last week, a California appeals court overturned a man’s conviction for rape of an unconscious woman because she was unmarried. According to the court, under the 19th century-era law, someone is prohibited from impersonating the woman’s husband for sex, but not from impersonating a boyfriend.
California Assembly Speaker John A. Perez (D) and member Katcho Achadjian (R) have introduced legislation to address this loophole, after a similar bill died in committee last year. The bill would expand this outdated definition of rape to include cases involving unmarried women or men.
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