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Legislation to Close Rape Law Loophole Headed to Governor's Desk


By Harry Gibbons

Current law only protects married victims who are fooled into thinking a rapist is their spouse. The new bill, which was drafted in response to a recent Southern California court ruling, would expand this protection to unmarried victims.

Assembly Speaker John Pérez is a co-author of the legislation.

“This bill closes a loophole that resulted in a grave miscarriage of justice that allowed a man convicted of rape to have his conviction overturned simply because the woman who was raped was not married at the time that she was attacked," said Pérez.

The ruling in question overturned the rape conviction of a man who impersonated his victim’s boyfriend. The court ruled that California law only protected married victims of rape in such cases of impersonation.


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