Not Rape If Tricked But Not Married

In California, if a woman is tricked into having sex because the person pretended to be someone else, such as her boyfriend, then it's not rape, so long as she wasn't married. The old thinking is that she would have had sex with him anyway. It's actually an arcane law from 1872, which doesn't protect unmarried women in such cases. However, if the person had pretended to be her husband, then it is rape. Or, if the perpetrator had sex with her while she was sleeping, it would be rape.

A rape conviction was overturned recently under these circumstances as it wasn't clear whether the jury decided her raped the woman while she was sleeping or while she was awake and simply thought he was her boyfriend.

The criminal defense lawyer in the case had argued that the alleged perpetrator didn't rape her as he thought it was consensual as she had kissed him back. Apparently, she thought it was her boyfriend, until light from the window later showed it wasn't. The recent decision overturning the conviction will allow the attorney another chance to defend his client.

If you have been charged or accused of a crime in Kansas, contact our Olathe, KS firm in Johnson County, to speak with an experienced criminal defense lawyer.

Categories: Criminal law
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