Henry David Thoreau preachin’ it back in 1849:
Law never made men a whit more just; and, by means of their respect for it, even the well-disposed are daily made the agents of injustice.
An appeals court in California proving his point in 2013:
We reluctantly hold that a person who accomplishes sexual intercourse by impersonating someone other than a married victim’s spouse is not guilty of the crime of rape of an unconscious person under section 261, subdivision (a)(4).
Out of wedlock sex: Wrong. Out of wedlock rape: Well, it’s complicated.