A man who tricked a woman into...

A man who tricked a woman into having sex by convincing her that it would cure her of a fatal disease cannot be prosecuted for rape, the 1st District Court of Appeal in San Francisco ruled. On a 2-1 vote, the court rejected prosecution arguments that defendant Daniel Boro could be charged under a law that says it is rape to have sexual intercourse with a woman who is “unconscious of the nature of the act.” The case, from San Mateo County, involves a March, 1984, incident in which Boro allegedly posed as a doctor, telephoned the woman in South San Francisco and said her blood test showed that she suffered from a possibly fatal disease. He said the only treatments were painful surgery, costing $9,000, or sexual intercourse with an anonymous “donor” who had been injected with a curative serum, the court said.