Rape is rape, right? Evidently not, according to an existing 19^th century barbaric law in California.

A Los Angeles appeals court argued that the measure, penned in 1872, does not protect single women against rape as it does for married women. California appellate judges pushed legislators to update the egregious law because of a recent conviction that was overturned.

Julio Morales was convicted of rape and sentenced to three years in state prison. He entered an unmarried woman’s bedroom late one evening after he had been drinking and initiated sex with the sleeping woman after her boyfriend had gone home.

A panel of judges overturned that conviction and remanded it for retrial because the woman was not married.

The victim explained that she and her boyfriend decided against having sex for lack of a condom and he decided to leave. Morales entered the room in the middle of the night and pretended to be the victim’s boyfriend and had sex with her. It was only in the morning light that it became evident that it was Morales who had initiated sex and not her boyfriend.

In a court decision, Judge Thomas L. Willhite Jr. wrote, “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.”

MSNBC  reports:

“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.”

American rape culture is a serious matter and television media is not talking about it enough. Just recently, the Internet vigilante hactivists, Anonymous, released a video of high school jocks in Steubenville Ohio, mocking a girl who was raped. In 2011, a 17 year-old girl faced jail time because she made her rapists’ names public on social media while her rapists got off easy.

One way we can reduce the number of rapes is to report on it and punish the offenders with severe sentences. It’s yet another battle women must fight. Frankly it’s infuriating and as these reports continue to surface, women are getting increasingly angry at the inequality and misogynistic laws still in place. Thankfully, we now have more women in Congress than ever and as we move forward, we need to vote more women into the Senate and the House, as well as into state legislatures. Women in power can and will change the way rape laws are written and make sure rapists get appropriately penalized. Perhaps those considering rape will think twice and hopefully decide against it for fear of hard jail time. It has become obvious that leaving the matter up to men is not working.

Kimberley A. Johnson – A.K.A. The Anti Coulter is the author of The Virgin Diaries and an activist for women’s rights. Like her on Facebook, Twitter or friend her on FB HERE. Visit ARKStoriesto check out all of her books

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