This recreation allows you to picture this a man enters the bedroom of an unmarried woman. After seeing her boyfriend leave late at night he had sex with a woman while pretending to be her boyfriend.... See More
This recreation allows you to picture this a man enters the bedroom of an unmarried woman. After seeing her boyfriend leave late at night he had sex with a woman while pretending to be her boyfriend. According to California appellate judge's ruling has the man committed rape. Because of historical anomalies in the law and the statutory definition of rape the answer is no. Even though the woman had been married and the man had impersonating her husband the answer would be yes this. Provision of the law where only applies to a married woman. As a victim. Really dates back to the mid eighteen hundreds and -- legislatures had many opportunities to amend and revise the rape statute. For some unexplained reason they never really got around to -- this particular statute. The night began for the victim identified as Jane -- at a party drinking several Beers she left the party with her boyfriend Victor grab some fast food and headed home. We're friends join them according to court documents -- invited her boyfriend to spend the night but since he didn't have a condom they decided against it and she fell asleep Victor then left the room to go back to his house prosecutors say Jane then woke up to the sensation of having sex. When the light coming through a crack in the bedroom illuminate the face of the person having sex with their she realize it was not Victor and tried to push him away. Despite the struggle the defendant Julio Morales continued the sex and after Jane's cries eventually left the room. Morales later told police quote she probably thought I was her boyfriend the appellate judges said the jury that convicted -- us. They have done so based on bad information from the prosecutors who are really requires that that person. It. -- Someone who impersonate her husband. And -- -- was not the specific facts of this particular case impersonation of anyone to rape. Should be a felony. Rape victims advocate paddy -- and says she's determined to now work with Sacramento lawmakers on closing this loophole I think there is now I heightened interest. To take a look at something like this so I I I have a feeling. That we may be able to make a difference. On this law.
This transcript has been automatically generated and may not be 100% accurate.