Rape Conviction Overturned Because Victim Wasn't Married

Your News Companion by Ben Mathis-Lilley
Jan. 4 2013 2:35 PM

Judges, Grudgingly, Overturn Rape Conviction Thanks to Arcane Law From 1872

A California panel of judges overturned a rape conviction in part based on an arcane 19th century law

Photo by Joe Raedle/Getty Images.

Thanks in large part to a 19th century California law, a man who pretended to be the boyfriend of a sleeping woman before initiating sexual intercourse with her could get a second chance at a trial after an appellate panel of judges overturned his rape conviction. Why? The woman wasn't married.

The judges are urging legislators to update the clearly outdated state law after deciding that Julio Morales, who was convicted and sentenced to three years in prison by a trial court, may have been sent to jail based on an argument by prosecutors that wasn't—in the very strictest sense—a correct interpretation of the arcane law.


The 1872 criminal code, which apparently is still the state's definition of rape by impersonation, applies as written only if the rapist is pretending to be the husband of a married victim. Here's Judge Thomas L. Willhite Jr. on why the obviously reluctant panel of judges decided to overturn the conviction:

"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."

According to the Associated Press, prosecutors actually presented two arguments for conviction during the trial: the impersonation argument and the argument that Morales's initiation of sexual intercourse with an unconscious person is, by law, rape. But the appellate court wasn't sure which argument jurors used to make their decision, necessitating a retrial. According to the Los Angeles Times, prosecutors are still deciding whether they'll retry Morales (maybe this time with only one argument) or if they'll appeal to the California Supreme Court.

Abby Ohlheiser is a Slate contributor.


Frame Game

Hard Knocks

I was hit by a teacher in an East Texas public school. It taught me nothing.

Republicans Like Scott Walker Are Building Campaigns Around Problems That Don’t Exist

Why Greenland’s “Dark Snow” Should Worry You

If You’re Outraged by the NFL, Follow This Satirical Blowhard on Twitter

The Best Way to Organize Your Fridge

The World

Iran and the U.S. Are Allies

They’re just not ready to admit it yet.

Sports Nut

Giving Up on Goodell

How the NFL lost the trust of its most loyal reporters.

Chief Justice John Roberts Says $1,000 Can’t Buy Influence in Congress. Looks Like He’s Wrong.

Farewell! Emily Bazelon on What She Will Miss About Slate.

  News & Politics
Sept. 16 2014 2:11 PM Spare the Rod What Charles Barkley gets wrong about corporal punishment and black culture.
Sept. 16 2014 2:35 PM Germany’s Nationwide Ban on Uber Lasted All of Two Weeks
The Eye
Sept. 16 2014 12:20 PM These Outdoor Cat Shelters Have More Style Than the Average Home
  Double X
The XX Factor
Sept. 15 2014 3:31 PM My Year As an Abortion Doula
  Slate Plus
Slate Plus Video
Sept. 16 2014 2:06 PM A Farewell From Emily Bazelon The former senior editor talks about her very first Slate pitch and says goodbye to the magazine.
Brow Beat
Sept. 16 2014 1:27 PM The Veronica Mars Spinoff Is Just Amusing Enough to Keep Me Watching
Future Tense
Sept. 16 2014 1:48 PM Why We Need a Federal Robotics Commission
  Health & Science
Sept. 16 2014 1:39 PM The Case of the Missing Cerebellum How did a Chinese woman live 24 years missing part of her brain?
Sports Nut
Sept. 15 2014 9:05 PM Giving Up on Goodell How the NFL lost the trust of its most loyal reporters.