Is sex through fraud/deception a form of rape?

[ShyGuyInChicago]

If a man uses deception/fraud to obtain rape such as making a woman believe that he is her husband/boyfriend, is that a form of rape? IF not is it a sex offense and if it is what should the punishment be?

This does not include lying about one's job to impress a a woman in hopes of getting her to have sex with the man.

[Amnesiac]

If it's consented to, legally it couldn't be considered rape. How could someone be "fooled" into thinking someone else is their husband or boyfriend?

[ShyGuyInChicago]

If it's consented to, legally it couldn't be considered rape. How could someone be "fooled" into thinking someone else is their husband or boyfriend?

I read about a case in Massachusetts where a woman had sex with her boyfriends brothers and believed he was her boyfriend. He was charged with rape, but the jury was deadlocked and in a court ruling it was said that the the law does not define rape as including sex through deception?

Does sex through fraud constitute rape?
Not according to Massachusetts' Supreme Judicial Court.
BY TRACY CLARK-FLORY
In Massachusetts, rape is defined as sex by force. Period, end of story. Unfortunately, the reality of rape isn't always so black and white. Take the case of a Hampden County woman who says she was raped by her boyfriend's brother -- not by force, though.

She was living with her boyfriend, Duane Suliveres, in the basement of his father's home, reports the Boston Globe. Duane's brother, Alvin, also lived in the house. One morning, when Duane was working a graveyard shift, the woman says she awoke at 3 a.m. to a man walking into her room. It was dark, she couldn't make out who the person was, but naturally assumed it was her boyfriend. She then asked, "Duane, why are you home so early?" No response. The man then climbed into bed with her, took off her clothes and had sex with her. Afterward, the man got up to leave and, once he opened the door, she realized it was Alvin, not Duane.

So, was this rape? The original trial ended in a hung jury in 2006 and then went to the state Supreme Judicial Court, which ruled Thursday that the rape charges should have been dismissed because Massachusetts law clearly defines rape as an act of force. The court may have closely followed the letter of the law, but rape victim advocates are outraged. "The message that the court sends today is ... that a man's ability to obtain sex through fraud with regard to who he is is more important than a woman's fundamental right to control her own body," said Wendy J. Murphy, a professor at the New England School of Law. "It is impossible -- as a matter of fact and law -- to consent to sex with the wrong person."

Alvin maintains that he didn't pose as his brother and the sex was completely consensual, but, regardless, the law doesn't allow for a conviction in this case. Massachusetts' legal definition of rape does seem dangerously out of date; for sex obtained through fraud to count as rape, state lawmakers have to update the law. A handful of sensible states have already broadened their legal definition of rape -- it's time for Massachusetts (and we haven't forgotten about you, Maryland) to get with the program.

http://www.salon.com/life/broadsheet/2007/05/11/rape

[Amnesiac]

I read about a case in Massachusetts where a woman had sex with her boyfriends brothers and believed he was her boyfriend. He was charged with rape, but the jury was deadlocked and in a court ruling it was said that the the law does not define rape as including sex through deception?

It doesn't. While that's a pretty weird story, she gave consent. Legally, she allowed it to happen without resistance. Therefore, it is not rape.

[ShyGuyInChicago]

It doesn't. While that's a pretty weird story, she gave consent. Legally, she allowed it to happen without resistance. Therefore, it is not rape.

Can't it be argued that she consented to sex with her boyfriend and not his brother?

[Amnesiac]

Can't it be argued that she consented to sex with her boyfriend and not his brother?

Couldn't it be argued that she should've been suspicious of there being no answer and should've turned on the lights?

Until rape laws are changed to include "sex by deception", the guy can't be charged. She never tried to stop him from having sex — she allowed him.

[ShyGuyInChicago]

Couldn't it be argued that she should've been suspicious of there being no answer and should've turned on the lights?

Until rape laws are changed to include "sex by deception", the guy can't be charged. She never tried to stop him from having sex — she allowed him.

Do you believe the laws should be changed? What if something like this happened to any girl or woman you know?

[Amnesiac]

Do you believe the laws should be changed? What if something like this happened to any girl or woman you know?

I don't think they should be changed. It's not that hard to make sure you're having sex with the right person, I mean seriously. Just turn on the lights.

Even if it happened to someone I know, I still don't think it should be illegal. Would the guy who did it be an asshole and hated by everyone? Yes. Would the girl be labeled as stupid for making such a mistake? Yes, again. I don't think we need to bring the law into this.

[Sage]

If sex by deception ever becomes a crime, I swear to every god known to man I am going to shoot myself in the balls, and then in the head.

No. It's not comparable to rape. Just because someone regrets having sex after the act has finished doesn't mean they get to pull out the rape card. That's bullshit.