Mass Court: Sex By Fraud Isn't Rape
By Jeralyn

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.

WTF?

Noonan, thanks for posting this. (The link to the ruling doesn't work for me.) You may be correct about the ruling by law... I haven't verified it, and I'll trust your insights ... and I have contacted my state senator and representative to request immediate action.

Changing the law though, won't help this woman as laws are never applied retroactive.

If it is fraud, maybe he can be charged with fraud.
Impersonating someone must be illegal.

Better yet, keep a close on this person. He undoubtably is a bad person, and has done other things.
Arrest him for jaywalking, or spitting or a minor infraction.

Why go for a narrow solution? Is this really any worse than identity theft? Why not push for laws carrying harsh penalties for all kinds of criminal impersonation? Most states just have impersonation laws regarding impersonating an officer, societal problems over the past few years make it clear that we need overarching laws against impersonation, but I think we need it on a federal level even more than state.