New California Law Closes Rape Loophole
California Governor Jerry Brown signed Assembly Bill 65 into law on Sept. 9, thereby expanding the definition of rape to include cases where a perpetrator impersonates a person’s boyfriend or girlfriend. The bill was a direct response by California legislators to a recent and controversial decision from the California Court of Appeal overturning a rape conviction. Essentially, the new law closes rape loopholes that stem from rape by impersonation.
The California Second District Court of Appeals Decision
On Feb. 21, 2009, Julio Morales entered a sleeping woman’s dark bedroom after her boyfriend had left moments earlier and began having intercourse with the woman. When the 18-year-old woman awoke and realized that the man was not her boyfriend, she screamed and resisted. Following a jury trial, Morales was convicted of rape in the Los Angeles Superior Court. Earlier this year, the California Second District Court of Appeal unanimously concluded that the woman had not been raped and reversed Morales’ original rape conviction.
In its decision, the court cited a nineteenth century law limiting rape charges to cases in which married women are tricked by impersonation. The criminal code stated that rape occurs when the victim “submits, under the belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense, or concealment practiced by the accused.” Relying upon this old criminal code language, the court reluctantly held that accomplishing rape by impersonating someone other than the married victim’s spouse is not guilty of the crime of rape. In its opinion, the court strongly urged the state legislature to change the law.
Assembly Bill 65 Closes Rape Loophole
Following this controversial appellate decision, Assemblyman Katcho Achadjian (R-San Luis Obispo) drafted a bill specifically designed to close this loophole. Assemblywoman and co-author of the bill Bonnie Lowenthal (D-Long Beach) voiced strong support for changing the law, stating that “every victim deserves justice regardless of their relationship status.”
The language of the new bill reads as follows:
“Where a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.”
Essentially, the bill extends rape-by-impersonation protection to unmarried women.
Support for Assembly Bill 65
After the Second District Court of Appeals released its controversial decision, there was widespread support for enacting new legislation in both houses of the California state legislature. Both Democrats and Republicans agreed that there was a pressing need for reform. Assemblyman Achadjian highlighted the unusually strong bipartisan support in his statements: “Today, Republicans and Democrats are joining together to make an important statement – the Legislature will not stand for rapists getting away . . . because of an ancient provision in state law.”
When similar legislation was introduced by Assemblyman Katcho Achadjian (R-San Luis Obispo) in 2011 to close the loophole, it died in the Senate Public Safety Committee. The recent Court of Appeals case brought national attention to the issue and helped renew support for closing the loophole quickly.
This Change in the Law is Effective Immediately
The bill extending protection to unmarried women raped by an impersonating attacker went into effect after being signed by the Governor in September. Due to the amount of national attention the overturned conviction received earlier this year, this statute was designated as an urgency statute. In order “to preserve the public peace, health or safety,” the law went into effect on Sept. 9.
How Can Wallin & Klarich Help You?
If you have a question about this change in California’s rape law or any other legal issues, call the experienced attorneys at Wallin & Klarich today. Furthermore, if you or a loved one is suspect in an ongoing rape investigation, you need to contact our offices immediately. Wallin & Klarich has been in the business of vigorously representing clients facing criminal charges for over 40 years. We will provide you with the best representation every step of the way.
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Give us a call today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will be there when you call.