No. Even if it were, the 14th amendment would kick in.
they legalized sexual assault (from the thread title)
Couldn't they have used this as an opportunity to change the law?
Courts at the lower levels are to enforce the laws, not make new ones.
...as much as it is an indictment that the law allows this period.
They just let a ton of people know what they can get away with, coming to the decision that there is no penalty for doing that. That's the equivalent of legalizing it.
But several legal experts declined to fault the appeals court.....
Michelle Anderson, the dean of the CUNY School of Law who has written extensively about rape law, called the ruling “appropriate” but the law “archaic”.
Jennifer Gentile Long, who leads a group, AEquitas, that guides prosecutors in sexual and domestic violence cases, agreed....