- Woman fell asleep in her bed with her boyfriend who went home later
- Her brother's friend then came upstairs and got in her bed and started kissing her
- She woke up once he began having sex with her but at first she thought it was her boyfriend because the room was dark
- Once she realized it wasn't him, she screamed and kicked him out
- Now his rape conviction overturned based on 1872 law that does not give single women same rights as unmarried women
- Law does not protect unmarried women against 'rape' by 'imposters'
By reversing the decision, the Los Angeles court ruled that Julio Morales, a friend of the victim's brother, should not be convicted of raping a woman and serving the three year sentence that he originally faced.
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.