... THE FUCK.
Jan. 4th, 2013 03:21 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
filkertomEvery once in awhile, we are reminded that the law is not perfect. Today we have an excellent example:
If someone drunkenly thinks you're their S.O. and you're not, DON'T HAVE SEX WITH THEM.
If you are in the legislature or judiciary, and you have this sort of law end up in front of you, STRIKE IT DOWN OR CHANGE OR NEGATE IT. Declare it unconstitutional. There are plenty of reasons why, the first and most obvious being privacy rights and discrimination based on marital status. Don't just say, "Well, gosh-darn it, the law as written gives the guy a loophole on this." NO, IT FUCKING DOESN'T. If you can talk yourself into that, you do not deserve to be in the legislature or on the bench. (And,scifantasy, admnaismith, old_fortissimo, my friends, who know the law better than I do, I'll fight you on this one tlll the sun dies, and I may not be correct but by damn I'm right.)
If you are in the legislature or judiciary, and you have, y'know, interns whose job it is to review laws on the books to see if they're outdated, MAKE THEM DO SO.
Gaaaaaaaaaaah.
A California appeals court overturned the rape conviction of a man who authorities say pretended to be a sleeping woman's boyfriend before initiating intercourse, ruling that an arcane law from 1872 doesn't protect unmarried women in such cases.Okay, first things first: If you have to lie to someone about who you are to have sex with them, DON'T HAVE SEX WITH THEM.
A panel of judges reversed the trial court's conviction of Julio Morales and remanded it for retrial, in a decision posted Wednesday from the Los Angeles-based court.
Morales had been sentenced to three years in state prison. He was accused of entering a woman's bedroom late one night after her boyfriend had gone home and initiating sexual intercourse while she was asleep, after a night of drinking.
The victim said her boyfriend was in the room when she fell asleep, and they'd decided against having sex that night because he didn't have a condom and he had to be somewhere early the next day.
Morales pretended to be her boyfriend in the darkened room, and it wasn't until a ray of light from outside the room flashed across his face that she realized he wasn't her boyfriend, according to prosecutors.
"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," Judge Thomas L. Willhite Jr. wrote in the court's decision.
If someone drunkenly thinks you're their S.O. and you're not, DON'T HAVE SEX WITH THEM.
If you are in the legislature or judiciary, and you have this sort of law end up in front of you, STRIKE IT DOWN OR CHANGE OR NEGATE IT. Declare it unconstitutional. There are plenty of reasons why, the first and most obvious being privacy rights and discrimination based on marital status. Don't just say, "Well, gosh-darn it, the law as written gives the guy a loophole on this." NO, IT FUCKING DOESN'T. If you can talk yourself into that, you do not deserve to be in the legislature or on the bench. (And,
scifantasy, admnaismith, old_fortissimo, my friends, who know the law better than I do, I'll fight you on this one tlll the sun dies, and I may not be correct but by damn I'm right.)If you are in the legislature or judiciary, and you have, y'know, interns whose job it is to review laws on the books to see if they're outdated, MAKE THEM DO SO.
Gaaaaaaaaaaah.
(no subject)
Date: 2013-01-06 02:09 am (UTC)Someone publish their mailing addresses, please.