Man Who Impersonates Female’s Boyfriend While Having Sex is Improperly Convicted of Rape
Victor (last name unavailable) and Jane Doe, age 18, came back to Jane’s house after a party. Accompanying them was Julio Morales, Victor’s friend, and several others.
Victor and Jane Doe decided not to have sex. Victor then left in the early morning hours. Mr. Morales remained in the house. Everyone had been drinking at the party.
At some point during the night, Morales entered Jane Doe’s dark bedroom and began having sex with her. Morales claimed that Jane Doe consented, but Jane Doe disputed that, saying that she was asleep when she awakened to the sensation of Morales having sexual intercourse with her. She claimed that she thought it was Victor, her boyfriend, but then realized it was not and screamed.
Jane Doe then called Victor, who came to the house and called the police. Morales was arrested after police found him hiding in the bushes down the street.
While being transported to the police station, Morales admitted to Deputy Sheriff Peralta that he had entered Jane Doe’s bedroom while she was asleep. He said he kissed her, and she kissed him back. He told Peralta that Jane Doe probably thought he was Victor and when she realized he was not, she screamed. Later, Morales wrote out a statement and signed it, saying that when he put his penis into her vagina, she was asleep. Morales was charged with the rape of a unconscious person (Penal Code
