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Julio Morales Can't be Convicted of Rape, Despite Admitting He Tricked Woman into Sex

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A woman was raped by a man who tricked her into thinking he was her boyfriend, and a court ruled Wednesday that the man can't be convicted of it. 

"Because of historical anomalies in the law and the statutory definition of rape, sex-by-impersonation is not rape," Justice Thomas Willhite Jr. wrote. But if the woman was married and the man impersonated her husband, then he could possibly be convicted of rape. 

According to Law.com, California's definition of rape discusses impersonation cases, but only by a spouse. Though Third District Justice George Paras complained about this law 31 years ago, nothing has been done about it. 

"Therefore, we reluctantly hold that a person who accomplishes sexual intercourse by impersonating someone other than a married victim's spouse is not guilty of the crime of rape," Willhite wrote.

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The incident occurred when the woman, her boyfriend, her brother, and several of his friends went home after a party. 

The woman, only identified as Jane Doe, went to bed with her boyfriend. The two discussed having sex, but decided against it as he had to leave. Once he left, Doe fell asleep. 

One of her brother's friends, Julio Morales, entered the room while she was sleeping and began having sex with her. Once she realized he was not her boyfriend, she pushed him away and called the police. 

She testified that she was asleep and never consented. Morales said he thought she had consented because she was returning his kisses and helping him remove her pajamas. He did, however, say he knew she was probably mistaking him for her boyfriend. 

Willhite is urging the Legislature to "correct the incongruity that exists when a man may commit rape by having intercourse with a woman when impersonating a husband, but not when impersonating a boyfriend."