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ResidentSadist -> RE: Is it rape (10/30/2016 6:52:47 AM)
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No it's not rape, unless you were in Israel or in California impersonating their spouse (not girlfriend) for consent. What the hell, deception is one of typical tools people use to get laid in the first place. They often lie and exaggerate about themselves and their intentions. You weren't forced, you were deceived.
I would imagine being given the treat of fucking her friend would have been a lot more fun if you knew it in advance. I would think you knew your girlfriend's scent, recognize the way she feels and sounds and detected the swap?
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In the United States... In 2008, a Massachusetts woman, Marissa Lee-Fuentes, unknowingly had sex with her boyfriend's brother in the dark. He could not be prosecuted because Massachusetts law required that rape include the use of force.
In Israel... A legal precedent was set by the Supreme Court in a 2008 conviction of a man who posed as a government official and persuaded women to have sex with him by promising them state benefits. Another man, Eran Ben-Avraham, was convicted of fraud after having told a woman he was a neurosurgeon before she had sex with him.
In 2010, a conviction of rape by deception drew international attention when a man deceived a woman into consensual sex within ten minutes of their first meeting by lying about being Jewish, unmarried, and interested in a long-term relationship.
In Massachusetts they tired but failed... State House Representative Peter Koutoujian crafted rape-by-fraud legislation in response to the 2008 Marissa Lee-Fuentes case, but it didn't pass.
In California... On Feb 2009, Julio Morales snuck into a sleeping 18-year-old woman's dark bedroom after he saw her boyfriend leave. The woman awoke to the sensation of someone having sex and assumed it was her boyfriend. Julio Morales was convicted of rape under two concepts. He was guilty of rape because the woman while she was still asleep and, therefore, unable to consent. He was also guilty of rape-by-fraud because he had impersonated the woman's boyfriend to gain her consent.
He filed an appeal and won because the lower court had misread the 1872 law criminalizing rape-by-fraud. The law states a man is guilty of rape-by-fraud if he impersonates a woman's husband to get consent. The woman in this case was not married, and Morales had impersonated her boyfriend, not her husband. Because of this one technicality, the appellate court overturned Julio Morales's rape-by-trickery conviction in People vs. Morales in 2013.
In 2011 Assemblyman Katcho Achadjian tried to introduce a similar bill in 2011 to close the loophole – introduced Assembly Bill 65 and Senator Noreen Evans introduced Senate Bill 59. The two bills quickly passed both houses without one dissenting vote, and were signed into law by Governor Jerry Brown on September 9, 2013.
Morales was later re-tried on the basis that the woman was asleep and re-convicted to three years in a state prison, which he had already served.
The Yale Law Journal... states Rape-by-Deception is not a crime but suggests that it should be in the following article Published Jan 1st 2013.
-The Riddle of Rape-by-Deception and the Myth of Sexual Autonomy-
“Rape-by-deception” is almost universally rejected in American criminal law. But if rape is sex without the victim’s consent—as many courts, state statutes, and scholars say it is—then sex-by-deception ought to be rape, because as courts have held for a hundred years in virtually every area of the law outside of rape, a consent procured through deception is no consent at all. Moreover, rejecting rape-by-deception fails to vindicate sexual autonomy, which is widely viewed today as rape law’s central principle and, indeed, as a constitutional right. This Article argues against the idea of sexual autonomy and against the understanding of rape as unconsented-to sex. A better understanding, it is argued, can be arrived at by comparing rape to slavery and torture, which are violations of a person’s fundamental right to self-possession. This view of rape can explain the rejection of rape-by-deception, which current thinking cannot, but it will also suggest that rape law’s much-maligned force requirement may not be so malign after all.
Full 72 page article: http://www.yalelawjournal.org/article/the-riddle-of-rape-by-deception-and-the-myth-of-sexual-autonomy
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Deception Note... I used to live in Michigan and I worked in the adult entertainment industry so I studied their sex laws. They have an interesting deception intent law but it's not rape, it's pandering. It is a against the law to marry a women with the intent to have sex with her. Punishable as a 20 year pandering felony if I recall correctly. What a bizarre concept.
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