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LOS ANGELES (KABC) — An obscure state law on rape has freed a convicted rapist from prison.

The law is controversial because if the victim was married during the crime, the suspect would remain guilty. However, because the victim was not married at the time, the suspect was not guilty.

The appellate judges admitted they did this reluctantly, but their hands were tied by a law many people didn’t even know existed.

After seeing her boyfriend leave late at night, a man enters the bedroom of an unmarried woman and has sex with her while pretending to be her boyfriend.

According to a California appellate judges’ 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, if the woman had been married and the man had impersonated her husband, the answer would be yes.”

Tip of the hat to JD

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http://abclocal.go.com/kabc/video?id=8941607&pid=8941606

via CA law allows convicted rapist to go free because woman wasn’t married | abc7.com.

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