ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

When is Rape Not Rape in California

Updated on January 8, 2013

There was a recent case where a man sneaked into an unmarried woman's home and pretended to be her boyfriend, when penetrated, she realized it was not. When the case went to trial, the defense cited a 1872 California law, still valid and on the books, but forgotten saying that rape only occurs to a married woman when a man impersonates being her husband. It does not happen when a woman is single. The man was convicted but released on appeal.


The old law has only been used a few times in the past by diligent defense attorney's. Each time, because the law is still valid, it stands. California is trying to repeal the old law but because of California's overcrowded prisons, the senate has not voted to repeal the old law, yet. When the law is finally repealed and taken off the books, all rape cases where the law was cited and the defendant got off, will face a new trial, in this case, it is not double jeopardy.


    0 of 8192 characters used
    Post Comment

    • perrya profile imageAUTHOR


      5 years ago

      Thanks, I tend to agree with how the case ended. The condom was the thing. Weird.

    • brimancandy profile image


      5 years ago from Northern Michigan

      Not much to your hub. But, I will add something that happened here in Michigan. A woman was in her apartment minding her own business, when a young man just walks in, with a possible intent to rob the house, being that she left her door wide open, and the guy just walked in.

      So, she catches this guy trying to steal her TV, and since he has been caught, a struggle occurs, and according to the victim, the thief decides that he is going to rape her. Keep in mind that this was during a time when people were more terrified of getting AIDs then being robbed. So, she tells the thief to at least wear a condom, if he is going to rape her, and she supplies him with a condom. (weird) So, the man rapes her, slaps her up a bit, and then leaves without taking anything.

      She reports the rape, and the police find and arrest the individual, who actually lived in the same complex as she did. The lawyer for the thief says, the woman consented to having sex with the man the minute she gave him the condom, and he should do no time. He made up the story that she saw the thief outside, and purposely left her door open for him, hoping that he would come in and have sex with her. He was a good looking guy, and she wanted him.

      Even though the woman tried to say that was not the case, the lawyer for the thief made her out to be a total slut, and the jury found the rapist not guilty of rape. But did charge him with trespassing, and assault for her injuries, all the other charges were thrown out. Local women had a field day protesting that court.

      But, it certainly made many people make sure they always close and lock their doors when they are home alone. Oh another thing I forgot to mention. The woman was also married, and her husband was not home at the time of the assault. The Lawyer for the thief made it out, that she made up the rape, because she didn't want her husband to know that she had sex with another man. Crazy stuff.


    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at:

    Show Details
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the or domains, for performance and efficiency reasons. (Privacy Policy)
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)