A California appeals court has overturned the rape conviction of a man accused of sneaking into an 18-year-old woman’s bedroom and having sex with her while pretending to be her boyfriend. The decision turned on a crucial fact: she wasn’t married.
In the unanimous decision, the court cited an 1872 law that says a suspect is only guilty of rape if the victim is married and the attacker is pretending to be the spouse. In this case, the accused, Julio Morales, pretended to be her boyfriend.
The 18-year-old woman, who had been sleeping, at first consented to sex, thinking she was with her boyfriend. But according to reports, when she realized his true identity she pushed him away. Morales was convicted of rape and sentenced to three years in prison. That conviction has been tossed out and the appeals court says the accused should be retried with prosecutors focusing on another rape law.
CNN’s Kyung Lah will have the latest developments on this legal battle and the fight to change the law. Plus, Anderson talked with Kamala Harris, California’s Attorney General, who’s pushing for the law to change – and why previous efforts failed. Join us at 8 and 10 p.m. ET for more.
UPDATE Watch Kyung Lah's report:
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