A Los Angeles-based state appeals court just overturned a rape conviction because a woman who was raped in her sleep by a man impersonating her boyfriend is unmarried. The victim, who at first thought the man was her boyfriend, tried to stop him once she regained consciousness enough to realize he was an imposter. However, because the woman and her boyfriend are not a married couple, her rapist will walk away without penalty: The court said that its decision is based on a California law stating that tricking a victim into sex by impersonation only counts as rape if the victim is married.
Source:
http://msmagazine.com/blog/blog/2013/01/04/court-throws-out-rape-case-because-victim-is-unmarried/
