I just noticed my join date and post count and had to laugh. Jan 2007. 1,779.
And though I don't recall the specific amount, I couldn't have had more than a handful of posts on the old board. My status will probably read "Member" for the rest of time.
this, along with some of the fark comments, is a bit infuriating. the law is outdated, i'm not as mad about that as i am that there is any question this was a rape. i'm glad the judge is looking into this, but how on earth is a sleeping woman considered "consent" for some man waltzing by to have sex with her?!?!?
also this article provides more detail surrounding what happened. the woman was asleep, realized someone was having sex with her, and then tried to fight him off:Calif. judges overturn rape conviction, urge changes in 1872 law
By Associated Press, Published: January 3 | Updated: Friday, January 4, 2:05 AM
LOS ANGELES — California appellate judges urged legislators to update an arcane 19th century law, as the panel reversed the rape conviction of a man who authorities say pretended to be a sleeping woman’s boyfriend before initiating intercourse.
The Los Angeles-based appeals court said that the 1872 measure doesn’t give single women the same protections as their married counterparts in certain rape cases.
Julio Morales had been convicted and sentenced to three years in state prison, found guilty of entering a woman’s bedroom late one night once her boyfriend had gone home and initiating sexual intercourse while she was asleep, after a night of drinking.
But a panel of judges overturned the trial court’s conviction and remanded it for retrial, in a decision posted this week.
The victim said her boyfriend was in the room when she fell asleep, and they’d decided against having sex that night because he didn’t have a condom and he had to be somewhere early the next day.
Morales pretended to be her boyfriend in the darkened room, and it wasn’t until a ray of light from outside the room flashed across his face that she realized he wasn’t her boyfriend, according to prosecutors.
“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,” Judge Thomas L. Willhite Jr. wrote in the court’s decision.
The appeals court added that prosecutors argued two theories, and it was unclear if the jury convicted Morales because the defendant tricked the victim or because sex with a sleeping person is defined as rape by law.
The court said the case should be retried to ensure the jury’s conviction is supported by the latter argument.
The decision also urges the Legislature to examine the law, which was first written in response to cases in England that concluded fraudulent impersonation to have sex wasn’t rape because the victim would consent, even if they were being tricked into thinking the perpetrator was their husband.
Willhite noted that the law has been applied inconsistently over the years in California.
In 2010, a similar law in Idaho prevented an unmarried woman from pressing rape charges after being tricked into sex with a stranger by her then-boyfriend.
The judge called what happened “despicable” but said the state’s law left the court with no choice. Idaho’s law was amended to cover all women in 2011.
Morales’ attorney Edward Schulman declined comment when reached by phone Thursday.
Prior to the conviction, Schulman had argued Morales believed the sex was consensual because the victim responded to his kisses and caresses, according to the decision.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The victim's version:
According to Jane, she woke up to the sensation of having sex. She was in a different position on the bed, perpendicular to the position she had been in when she fell asleep. She was confused because she and Victor had agreed not to have sex that night. When light coming through a crack in the bedroom door illuminated the face of the person having sex with her, i.e., defendant, she realized it was not Victor and tried to push him away. Defendant grabbed her thighs and pushed his penis back into her vagina. She pushed him away again and began to cry and yell. Defendant left her room; Jane locked her door and called Victor, asking him to come back to her house.
He thought she was attractive, so he kissed her on the cheek. She turned toward him, and they kissed some more. He thought she was not asleep because she responded to his kisses, but he also thought she believed he was her boyfriend. They kissed for several minutes, and he became aroused. He began to take her pajamas and underwear off, and she lifted her hips to help him. He unbuckled his belt, pulled down his pants, and began to have sex. He stopped because he felt he was betraying his girlfriend; he did not recall Jane pushing him away, and he did not try to reinsert his penis after he pulled out of her.
When he went to leave the room, it felt like someone was holding the door shut. He finally was able to open the door, and he saw his friend Tony standing outside, laughing.
Holy fucking shit, that case and that archaic, horrible law infuriates me as well.
House party? The whole thing is weird. And horrible.
How is tricking a semi-conscious/not conscious person to have sex by impersonating her partner considered consent???
Seriously are people really this stupid?
Yes, they are and the last few articles posted can easily be used as proof.
"Have you ever reached for a spice jar and found small bugs inside? If so, you're not alone. A variety of bugs have the same taste for spices as humans, including dermestid beetles and cigarette beetles. Although they won't cause any ill effects if accidentally eaten, you don't want to eat bugs in your favorite spices.
I love the last part ..... cr****
Have Another Hit Of Colorado Sunshine
Spicy bugs are the best kind imo.
Not even going to look at it.
2 oz blended whiskey
Juice of 1/2 lemon
1/2 tsp powdered sugar
1/2 slice lemon
Shake blended whiskey, juice of lemon, and powdered sugar with ice and strain into a whiskey sour glass. Decorate with the half-slice of lemon, top with the cherry, and serve.
Or the coach:"The rape was just an excuse, I think ...What else are you going to tell your parents when you come home drunk like that and after a night like that? She had to make up something. Now people are trying to blow up our football program because of it."
yeah, he also tells a reporter that something bad will happen to him. courtney's right, that sort of "football town mentality" tends to bring out this bullshit. i'm not blaming football. just the idea of putting aggressive males on a pedestal and treating women like accessories.
This whole day is leaving a bad taste in my mouth.
Almost six months ago now I began employment at a pretty big company. I've done, seen and learned more about my field in this time than I have over the last couple of years. The scale of projects pretty much equal what I dreamed to one day do, the money involved is like nothing I've ever seen. I get in to work early and I get home late, tired, hungry, and some days I'm just ready for bed immediately. But the best part about it all, is that I absolutely fucking LOVE IT! I'm gonna go eat now. This week has been viscous and I am pooped.
That kid jokes about the girl being so dead, because she had a Wang stuck up her butt and there was no reaction. He jokes about somebody pissing on her. Fuck, I hope those boys lose their smiles real fast.
You know what I meant, you're a smart girl. Though it was a little viscous as well.