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Rape by deception
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Rape by deception
Rape by deception is a situation in which the perpetrator deceives the victim into participating in a sexual act to which they would otherwise not have consented, had they not been deceived. Deception can occur in many forms, such as illusory perceptions, false statements, and false actions.
In English law, the Court of Appeal in R v Linekar [1995] 3 All ER 69 73 ruled that the basis for such claims is "very narrow", ruling that refusing to pay for sexual services was a fraud, not rape. Cases demonstrating the law on consent as set out in the Sexual Offences Act 2003 include R v Assange (aka Assange v Swedish Prosecution Authority) (if consent was conditional on the use of the condom during intercourse, and the condition was deliberately disregarded, that was capable of amounting to rape), R(F) v DPP (the sexual act was performed in a way that broke a condition agreed previously), and R v McNally (deceit as to gender).
Three notable cases where this issue arose:
In 2008, it was reported that a Massachusetts woman unknowingly had sex with her boyfriend's brother in the dark basement that she was sleeping in. He could not be prosecuted because Massachusetts law requires that rape include the use of force. Massachusetts State House Representative Peter Koutoujian crafted rape-by-fraud legislation in response.
On March 30, 1984, Daniel Kayton Boro called a Holiday Inn in South San Francisco. Mariana De Bella was a hotel clerk who answered the phone that morning. Boro told De Bella that he was "Dr. Stevens" and that he worked at Peninsula Hospital. Boro (pretending to be "Dr. Stevens") said that he had the results of her blood test and that she had contracted a dangerous, extremely infectious and possibly deadly disease from using public toilets. Boro went on to tell her that she could be sued for spreading the disease and that she had only two options for treatment. The first option he told her about was an extremely painful surgical procedure (which he described in graphic detail) that would cost $9,000 and require a six-week hospital stay that would not be covered by insurance. The second option, Boro said, was to have sexual intercourse with an anonymous "donor" who would administer a vaccine through sexual intercourse with her. The clerk agreed to the sexual intercourse and arranged to pay $1,000 for it, believing it was the only choice she had.
Boro instructed her to check into a hotel room and call him when she was there. Boro then arrived at her room as the "donor". He told her to relax and then had sex with De Bella. Boro used no physical force and his victim knowingly allowed him to have sex with her because she believed (falsely) that her life was threatened if she did not receive this "treatment".
Boro was arrested at the hotel shortly after when the police arrived after being called by the victim's work supervisor. He was charged with rape, burglary, and grand larceny under various California statutes and convicted at trial. However, his conviction for rape was later overturned by the California Court on the grounds that California lacked a law against fraudulently inducing someone into sexual intercourse. His convictions for grand larceny and burglary were not overturned, however, because he fraudulently took $1,000 from his victim.
The California Legislature subsequently amended the rape statute in 1986 to include that a rape does in fact occur when a victim is not aware of the essential characteristics of the act (the sexual intercourse) due to the perpetrator's fraudulent representation that the sexual act served a professional purpose.
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Rape by deception
Rape by deception is a situation in which the perpetrator deceives the victim into participating in a sexual act to which they would otherwise not have consented, had they not been deceived. Deception can occur in many forms, such as illusory perceptions, false statements, and false actions.
In English law, the Court of Appeal in R v Linekar [1995] 3 All ER 69 73 ruled that the basis for such claims is "very narrow", ruling that refusing to pay for sexual services was a fraud, not rape. Cases demonstrating the law on consent as set out in the Sexual Offences Act 2003 include R v Assange (aka Assange v Swedish Prosecution Authority) (if consent was conditional on the use of the condom during intercourse, and the condition was deliberately disregarded, that was capable of amounting to rape), R(F) v DPP (the sexual act was performed in a way that broke a condition agreed previously), and R v McNally (deceit as to gender).
Three notable cases where this issue arose:
In 2008, it was reported that a Massachusetts woman unknowingly had sex with her boyfriend's brother in the dark basement that she was sleeping in. He could not be prosecuted because Massachusetts law requires that rape include the use of force. Massachusetts State House Representative Peter Koutoujian crafted rape-by-fraud legislation in response.
On March 30, 1984, Daniel Kayton Boro called a Holiday Inn in South San Francisco. Mariana De Bella was a hotel clerk who answered the phone that morning. Boro told De Bella that he was "Dr. Stevens" and that he worked at Peninsula Hospital. Boro (pretending to be "Dr. Stevens") said that he had the results of her blood test and that she had contracted a dangerous, extremely infectious and possibly deadly disease from using public toilets. Boro went on to tell her that she could be sued for spreading the disease and that she had only two options for treatment. The first option he told her about was an extremely painful surgical procedure (which he described in graphic detail) that would cost $9,000 and require a six-week hospital stay that would not be covered by insurance. The second option, Boro said, was to have sexual intercourse with an anonymous "donor" who would administer a vaccine through sexual intercourse with her. The clerk agreed to the sexual intercourse and arranged to pay $1,000 for it, believing it was the only choice she had.
Boro instructed her to check into a hotel room and call him when she was there. Boro then arrived at her room as the "donor". He told her to relax and then had sex with De Bella. Boro used no physical force and his victim knowingly allowed him to have sex with her because she believed (falsely) that her life was threatened if she did not receive this "treatment".
Boro was arrested at the hotel shortly after when the police arrived after being called by the victim's work supervisor. He was charged with rape, burglary, and grand larceny under various California statutes and convicted at trial. However, his conviction for rape was later overturned by the California Court on the grounds that California lacked a law against fraudulently inducing someone into sexual intercourse. His convictions for grand larceny and burglary were not overturned, however, because he fraudulently took $1,000 from his victim.
The California Legislature subsequently amended the rape statute in 1986 to include that a rape does in fact occur when a victim is not aware of the essential characteristics of the act (the sexual intercourse) due to the perpetrator's fraudulent representation that the sexual act served a professional purpose.