California Law and Sex Partner Switch

This is a strange story. A man got a woman to sleep with him by pretending [in the dark, I suppose] to be her boy friend. Now apparently if you impersonate a husband in this way, it is rape under California law, but not to impersonate a boyfriend. The judges recommended that the legislature fix this, and the legislature probably will.

But what about the reverse? Suppose someone impersonates a girlfriend or wife in the dark?

There is in fact an important Bible story revolving around this. The patriarch Jacob wakes up the morning after his wedding night [and presumably a consummation] only to find in his bed not his beloved Rachel, but her somewhat older sister Leah. He ends up with both of them, and on the fact that he favors his two children by Rachel outrageously more than his other eleven children [ten sons and one daughter] hangs many a tale. How would that be treated under California law? And Jacob’s son Judah is victimized similarly not long after that. He goes to a prostitute only to discover that it is his own disguised daughter-in-law, Tamar, who actually conceives [and according to Matthew, the genealogy of Jesus Christ actually comes through this child]. I can’t help but wonder what California law would do with this!

The Story: “Judges overturn rape conviction, urge law change” by Juliet Williams (AP) for

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