“No, Your Honor, I couldn’t have raped her because she wasn’t married.” In California, this is a valid defense, thanks to an old 1872 law. Julio Morales admitted that he’s sneaked into a woman’s bed, pretended to be her boyfriend, and had sex with her until the light hit his face and she realized it was not her boyfriend. She shoved him off of her and reported the incident to the police. As his defense, he cited that old law. He never impersonated her husband, he said, just her boyfriend. The judge agreed and dismissed the charges. Apparently, only married women can be raped in our fine state.
To be honest, this is a vast oversimplification. But it goes without saying that it’s well past time to change this law.