The overturned conviction came just last week, when a court ruled the attack illegitimate. Under the 19th century law, someone is prohibited from impersonating the woman’s husband for sex, but not from impersonating a boyfriend.
Now, California Assembly Speaker John A. Perez (D) and member Katcho Achadjian (R) have introduced legislation to close the loophole in the law and expand the definition of rape.
“This is an appalling failure of justice, and I am committed to acting swiftly to prevent a similar occurrence in the future,” Perez said in a statement. “Like every Californian, I was deeply disturbed by this decision, and my colleagues and I will work on eliminating this glaring loophole in state law and protect Californians from such a gross violation.”
Assemblyman Katcho Achadijian (R-San Luis Obispo) who co-authored the new bill, introduced a similar legislation in 2011, but it died in the state Senate Public Safety Committee.