PEOPLE v. MORALES

No. B233796.

212 Cal.App.4th 583 (2013)

150 Cal. Rptr. 3d 920

THE PEOPLE, Plaintiff and Respondent, v. JULIO MORALES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

January 2, 2013.


Attorney(s) appearing for the Case

Edward H. Schulman , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Linda C. Johnson and Elaine F. Tumonis , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

WILLHITE, J.

A man enters the dark bedroom of an unmarried woman after seeing her boyfriend leave late at night, and has sexual intercourse with the woman while pretending to be the boyfriend. Has the man committed rape? Because of historical anomalies in the law and the statutory definition of rape, the answer is no, even though, if the woman had been married and the man had impersonated her husband, the answer would be yes...

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