A bill moving through the California Senate in response to an exposed legal anomaly in an outdated rape statute, which resulted in an overturned rape conviction, cleared a key committee Monday, passing out of appropriations 6-0.
The bill seeks to close the legal loophole specific to rape under false pretenses or rape by fraud by updating the penal code.
Sen. Noreen Evans (D-Santa Rosa) introduced SB 59 at the beginning of the 2013 legislative session following the outcome of the overturned rape conviction in People v. Morales.
“Rape is a violent crime that should be punished to the fullest extent of the law,” said Sen. Evans. “Justice cannot be conditioned on the victim’s marital status.”
Under an 1870s provision that upheld the rights of a married victim, but not those of others, the Secnd District Court of Appeal in January overturned the rape conviction of Julio Morales.
In 2009 Morales impersonated his female victim’s boyfriend in order to have sex with her while she was sleeping.
Because jury instruction was unclear and the current law only allows someone to be convicted of rape for impersonating a spouse, but is silent about the impersonation of other intimate partners, the conviction was overturned on the technicality.
SB 59 would amend Penal Code section 261(a)(5) by exchanging the word “spouse” for the term “sexually intimate partner.” Doing so would expand the definition to include single individuals as well as domestic partners and other individuals currently excluded by “spouse.”
“This is about equality in the law,” said Evans. “This is about justice for all. And it’s past time this legislative body correct an arcane law that could let a rapist go free on an outdated statute that provides neither.”
Evans represents the Second Senatorial District, including all or portions of the counties of Humboldt, Lake, Mendocino, Marin and Sonoma. She chairs the Senate Committee on Judiciary.