Ah the old switcheroo! Rape? Fraud?
So the Massachusets supreme Court ruled that it isn't rape to trick a woman into having sex with you. In this case, a girl was sleeping, her boyfriends brother came into a dark room, woke her, and had sex with her. It wasn't until he left and turned the light on that she realized it was the brother, not her boyfriend.
So on the surface I thought... hmm... thats an interesting legal opinion...
Then I thought about it...
See article:
http://www.kansascity.com/136/story/105899.html
So on the surface it seems like a no-brainer... This guy tricked her into having sex with him right?
I mean yes, she was a willing participant, but ONLY because she was misled into thinking it was her boyfriend. If she had known the TRUTH she wouldn't have slept with him...
Well... Then I got thinking... If 'tricking' a girl into having sex with you is going to now be a crime... What about the following scenario's:
-If you tell a girl you are rich, she sleeps with you, and later finds out you are poor... Is that rape cause you misrepresented yourself, and upon finding out the truth, she really wouldn't have had sex with you?
-What about if you tell a girl you love her, she has sex with you, and later finds out you lied and you really don't love her, and if she had known the truth, she wouldn't have had sex with you. Is that rape? Cause you lied in order to get her to consent? You fooled her?
In watching a news story about this on TV it was suggested by the anchorwoman that "surely" massachussets needs to pass a law that labels sex by fraud as 'rape' (as it is currently written legal "rape" requires non-consent and force)
So after thinking it thru... While surely underhanded (what this guy did) all I have to say to the girl is "turn the light on next time"
Because if tricking a girl into having sex with you by lying or misrepresenting yourself is a crime... Man we'd have 90% of the male population accused of rape by their ex-girlfriends.
Seriously though, law in this country is based on precedent... and if we change legislation to make it rape when a guy lies or misrepresents who he is in order to have sex with a girl... where is the distinction between telling a girl you are rich and wealthy and you want to marry her, which makes her agree to have sex with you, and other lies and misrepresentations...
So on the surface I thought... hmm... thats an interesting legal opinion...
Then I thought about it...
See article:
http://www.kansascity.com/136/story/105899.html
So on the surface it seems like a no-brainer... This guy tricked her into having sex with him right?
I mean yes, she was a willing participant, but ONLY because she was misled into thinking it was her boyfriend. If she had known the TRUTH she wouldn't have slept with him...
Well... Then I got thinking... If 'tricking' a girl into having sex with you is going to now be a crime... What about the following scenario's:
-If you tell a girl you are rich, she sleeps with you, and later finds out you are poor... Is that rape cause you misrepresented yourself, and upon finding out the truth, she really wouldn't have had sex with you?
-What about if you tell a girl you love her, she has sex with you, and later finds out you lied and you really don't love her, and if she had known the truth, she wouldn't have had sex with you. Is that rape? Cause you lied in order to get her to consent? You fooled her?
In watching a news story about this on TV it was suggested by the anchorwoman that "surely" massachussets needs to pass a law that labels sex by fraud as 'rape' (as it is currently written legal "rape" requires non-consent and force)
So after thinking it thru... While surely underhanded (what this guy did) all I have to say to the girl is "turn the light on next time"
Because if tricking a girl into having sex with you by lying or misrepresenting yourself is a crime... Man we'd have 90% of the male population accused of rape by their ex-girlfriends.
Seriously though, law in this country is based on precedent... and if we change legislation to make it rape when a guy lies or misrepresents who he is in order to have sex with a girl... where is the distinction between telling a girl you are rich and wealthy and you want to marry her, which makes her agree to have sex with you, and other lies and misrepresentations...
