Achadjian to lead effort to change rape law

January 7, 2013
Katcho Achadjian

Katcho Achadjian

Central Coast Assemblyman Katcho Achadjian plans to introduce a bill that would expand the definition of rape to include impersonating the victim’s boyfriend, fiancé or significant other. [LA Times]

Last week, a California state appeals court overturned the rape conviction of a Los Angeles County man who had sex with a woman while pretending to be her boyfriend. The woman, who was in a dark bedroom at the time, resisted when she realized the man was not her boyfriend.

The 2nd District Court of Appeal asked the legislature to change the 1872 rape statute it used to overturn the conviction.

Achadjian, who introduced a similar bill in 2011, plans to introduce a new bill that would reverse the impersonation clause from the 1872 law. Achadjian’s previous bill lost support in the Senate Public Safety Committee due to a policy of shelving legislation that could increase state prison overcrowding.

Assembly Speaker John Perez said he would prioritize the change in the rape code in the 2013 legislative session.

California Attorney General Kamala Harris, who is currently suing the San Luis Obispo County air district over its dunes Dust Rule, said the Los Angeles case consisted of a “non-consensual assault” and met the general definition of rape.

 


5 Comments

  1. Slowerfaster says:

    While I applaud Katcho for introducing this apparently neglected section of definitions in this specific crime…

    Lots of people have sex all the time pretending to be somebody they are not.

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    • danika says:

      And some people have sex pretending the person they are “with” is someone else too! Not me, of course…no, nooooo….

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    • Vagabond says:

      Ya, my wife applauds my “effort” when I “lead” to throw out the trash after it overflows onto the kitchen floor.

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  2. Vagabond says:

    Let me get this straight, A court overturns a rape conviction based on an antiquated law that nobody in their right mid would support then asks the legislature to do something about it and this guy is going to get the credit for changing something that has needed changing for over a hundred years?
    The entire legislature should hang their heads in shame for neglecting their public duty for so long.
    Ya, lead the “effort” what a crock

    Like or Dislike: Thumb up 6 Thumb down 4

    • abigchocoholic says:

      Good point.

      Furthermore, did anyone read the case? The facts are pretty tough to even imagine. Somehow this woman goes to bed with her boyfriend and wakes up the next day with another guy in her bed which whom she voluntarily had sex with in the middle of the night.

      I’m not even sure I want to know how something like this could happen. And is any jury really ever going to convict a guy of rape for having consensual sex with an adult woman who openly admits the sex was consensual? “Er, ah, I thought he was my boyfriend until I opened the blinds in the morning”.

      Let’s just hope this fact scenario is the 1 in a million thing.

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