Julio Morales was convicted and sentenced to three years in state prison for entering an 18-year-old woman's bedroom in 2009 and pretending to be her boyfriend in order to have sex with her while she was asleep. According to the prosecution, when she awoke and realized it wasn't her boyfriend, she resisted and he ran away. Photo Credit, Ciaran McGuiggan.

A law dating back to 1872 makes it a crime for a man to have sex with a woman while posing as her husband, but not as a boyfriend. 

"The evidence is clear that this case involved a non consensual assault that fits within the general understanding of what constitutes rape," Kamala Harris, the state's Democratic attorney general, said in a statement. "This law is arcane, and I will work with the Legislature to fix it."

State assemblyman Katcho Achadjian said on Friday that he would introduce a bill to revise the law and assemblywoman Bonnie Lowenthal supported him. "Allowing this to stand in the 21st Century would be like applying horse and buggy standards to our freeways," she said in a statement.

Read more on the legal loophole in the California law and the efforts to close it.

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