Rape conviction overturned

Lawmakers vote to end loophole in 1870s rape law

Claire Scholl, NewsChannel 3 Assignment Editor, assignmentdesk@keyt.com
POSTED: 03:50 PM PDT Aug 15, 2013    UPDATED: 10:03 PM PDT Aug 15, 2013 
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SACRAMENTO, Calif. -

The state Senate has unanimously approved a bill that would close a loophole in California law that resulted in a rape conviction being overturned because the victim was not married.
    
The 2nd District Court of Appeal in January reversed the Santa Barbara County conviction of Julio Morales for impersonating the boyfriend of his victim.
    
The court ruled that a state law dating to the 1870s specifies that assailants are guilty in such cases only if the woman is married and the perpetrator is pretending to be the spouse.
    
Sen. Hannah-Beth Jackson, a Democrat from Santa Barbara, said AB65 would "close an archaic loophole" and prevent future injustices.
    
The Senate approved the bill Thursday 38-0, sending the measure back to the Assembly for a final vote.