Thread: Rape by fraud?
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Old 10-05-2015, 01:43 AM #10
Joyce M Short Joyce M Short is offline
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Join Date: May 2015
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Joyce M Short Joyce M Short is offline
Junior Member
 
Join Date: May 2015
Posts: 11
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The example about pretending you're a CitiBank Banker, which is what I think Eyeball Paul was referring to, would not be a prosecutorial case under any rape by fraud law for two reasons....

1. "Reasonable" behavior is required of any victim in any criminal action. Jumping into bed with someone you just met would not pass the litmus test of "reasonable" behavior. If a person does not take reasonable measures to protect them self, no law will protect them. I can only assume, in this example, that the person has conducted no due diligence to establish the facts. If, despite the victim's "reasonable" efforts to protect them self, the offender induces sex through the use of a hoax, sexaul assault, not seduction, is taking place.

2. Substantial proof is needed to prosecute any crime. Sexual Assault by Fraud is no different. You need to convince the police, the Prosecutor, the Grand Jury, the Judge and a jury of your peers, that a crime indeed took place. This is a pretty high bar of proof. Simply a "he-said, she'said" won't do the trick.
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