California’s Second District Court of Appeals has been under fire since Thursday when they granted a retrial for a man who was convicted of rape. The alleged rapist snuck into a woman’s room and had sex with her by pretending to be her boyfriend. The court system said that the reason the retrial was granted is because the woman wasn’t married.
“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,” the court said in its ruling. “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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