Mass Court: Sex By Fraud Isn't Rape
She went to bed one night, in the bedroom she shared with her boyfriend, and a man she thought was her boyfriend got into bed and had sex with her. It turned out the man was her boyfriend's brother who pretended to be her boyfriend.
Is that rape? The Massachusetts Supreme Court says no. Sex by fraud and deceit that does not involve force is not rape. The state's rape law requires force.
Victims rights groups will be upset by the decision. I think it is the correct legal ruling. All the legislature has to do is change the law if it thinks sex by trickery should be punishable as a sexual assault.
The opinion is here.
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