When light coming through a crack in the bedroom door illuminated the face of the person having sex with her, i.e., defendant, she realized it was not Victor and tried to push him away.
Another L.A. jury convicted the man in 2010, but the appeals court early last year said the law’s language forced it to let him walk.
The court wrote:
We reluctantly hold that a person who accomplishes sexual intercourse by impersonating someone other than a married victim’s spouse is not guilty of the crime of rape of an unconscious person …
Article Appeared @http://www.laweekly.com/informer/2014/05/09/julio-morales-once-freed-after-raping-a-sleeping-woman-heads-to-prison