I found the court’s decision mentioned in today’s earlier post offensive for several reasons. If you haven’t read it yet, go ahead, (Worst Decision ) I’ll wait.
Pared down to its simplest terms, the prosecution had argued two theories:
- The defendant had sex with a sleeping woman, which is, under California law, rape.
- The defendant fooled the woman into thinking she was having sex with her boyfriend.
The big attention grabber here is that, if she had been married and thinking he was her husband, California law calls that rape, but since she was single and thought he was her boyfriend, it is not!
The court ruled that the defendant was entitled to a new trial to be sure that the jury convicted him of something that was actually a crime.
Okay, I think we can all agree that sex with a woman who can’t give consent is rape. Whether she is unable to do so because of drugs, alcohol, mental impairment, age, or simply because she is asleep, it is still rape. Besides, sex with a sleeping woman has a definite Eeuw factor – almost as creepy as necrophilia.
If making a married woman think you are her husband is a crime, then making a single girl think you are her boyfriend is equally as wrong. The law definitely needs to be changed.
On the other hand, if sex by deception is a crime, a huge percentage of casual encounters would fall into this category. Practically every one-night-stand in history could be considered rape.
Of course, there are degrees of deception, but a young man who wouldn’t lie to get laid is either a saint, or he suffers from a serious testosterone deficiency and should seek immediate medical attention.
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