When does a scam become rape?

[+ saminseattle]

I saw this troubling story from our local alternative paper and am curious what people here think. http://www.thestranger.com/feature/2016/06/08/24182705/the-audition. The basic allegation in the story is that a local photographer falsely posed as a porn recruiter and convinced young women to have sex with him during an “audition” in his apartment. The argument is made in the article that consent obtained under false pretenses is invalid and that sex under these circumstances should therefore be considered rape.

 

Another example given probably hits closer to home for some folks: at the end of a session, a client gives a sex worker an envelope, but it turns out later to be full of blank paper instead of cash. Because the worker’s consent is premised on getting paid, if the client does not pay, the argument goes, the sex becomes nonconsensual and constitutes rape. In Australia, a scamming client who did this was prosecuted for rape and went to jail for 8 months.

 

Apparently, some states have rape laws that specifically criminalize consent obtained by “trickery,” but many states don’t. Further, some people argue that “rape-by-fraud” laws are a slippery slope. As the article points out, a NJ proposal to make it a crime to “misrepresent” oneself for the purpose of having sex raised the issue of whether exaggerating in an OkCupid profile could make someone a “rapist.” Of course, one could imagine many other circumstances where someone could be induced to have sex based on assurances that later turn out to be false (“If you meet with me one time for free, I’ll become a regular,” “Don’t worry, I’m negative,” “I’m the best lover in the world!” etc.).

 

Surely, not every white lie or exaggeration that leads to sex should be considered an act of rape. On the other hand, the allegations in the story are truly disturbing, as are the scams that can occur in black market world of sex work. So, at what point do you think lying/cheating/scamming should be considered rape?

[mike carey]

In Australia, a scamming client who did this was prosecuted for rape and went to jail for 8 months.

I don't know of this case, but it would be consistent with the law here. If sex work is legal, sex workers have legal recourse when clients scam them.

[+ bigjoey]

What about the classic line: "Of course I'll still love you in the morning." said with a straight face as the uttering party leads the other to bed? If the young, naive thing is not loved "in the morning" will the broken promise lead to charges?

[+ Lance_Navarro]

[Guest]

Surely, not every white lie or exaggeration that leads to sex should be considered an act of rape. On the other hand, the allegations in the story are truly disturbing, as are the scams that can occur in black market world of sex work. So, at what point do you think lying/cheating/scamming should be considered rape?

 

Well, stiffing the escort after sex is fraudulent and disgusting, but it's not rape. The sex was consensual. What a field day we would have if people could say after the fact, "I changed my mind. I wish I hadn't agreed to have sex with you," thereby making the sex rape. In the US, anyways, agreeing to sex in exchange for money, a job, or for goods/services isn't legal in any case. We all know the lingo. The money is for the escort's time. Anything that happens is between consenting adults. If the client stiffs the escort, the escort could sue him for not paying him for his time as agreed to. But he can't claim rape. People have been cajoled into getting others to have sex with them since man has been around. In some cases, one can make a case for fraud, sexual harassment, or other criminal acts. But if the sex itself is consensual (and the party wasn't drugged against his or her will, of course), then it seems off-base for one of the two to state after the fact that it's rape because he or she changed his mind after they had sex. There's a reason statutory rape is an exception to consent. We know that children are easily influenced, so they need extra protection. Certainly by the time someone is 18 (unless the person is mentally challenged), a person should be aware of things people say in order to get others to agree to have sex with them. This doesn't mean, of course, that I think it should be legal to promise someone something then not deliver. It's just not rape. Of course, making prostitution legal would make it easier to legislate scammer clients and the like.

[marylander1940]

I saw this troubling story from our local alternative paper and am curious what people here think. http://www.thestranger.com/feature/2016/06/08/24182705/the-audition. The basic allegation in the story is that a local photographer falsely posed as a porn recruiter and convinced young women to have sex with him during an “audition” in his apartment. The argument is made in the article that consent obtained under false pretenses is invalid and that sex under these circumstances should therefore be considered rape.

 

Another example given probably hits closer to home for some folks: at the end of a session, a client gives a sex worker an envelope, but it turns out later to be full of blank paper instead of cash. Because the worker’s consent is premised on getting paid, if the client does not pay, the argument goes, the sex becomes nonconsensual and constitutes rape. In Australia, a scamming client who did this was prosecuted for rape and went to jail for 8 months.

 

Apparently, some states have rape laws that specifically criminalize consent obtained by “trickery,” but many states don’t. Further, some people argue that “rape-by-fraud” laws are a slippery slope. As the article points out, a NJ proposal to make it a crime to “misrepresent” oneself for the purpose of having sex raised the issue of whether exaggerating in an OkCupid profile could make someone a “rapist.” Of course, one could imagine many other circumstances where someone could be induced to have sex based on assurances that later turn out to be false (“If you meet with me one time for free, I’ll become a regular,” “Don’t worry, I’m negative,” “I’m the best lover in the world!” etc.).

 

Surely, not every white lie or exaggeration that leads to sex should be considered an act of rape. On the other hand, the allegations in the story are truly disturbing, as are the scams that can occur in black market world of sex work. So, at what point do you think lying/cheating/scamming should be considered rape?

 

I remember the case of a guy who went to his brother's bedroom to have sex with his girlfiend while pretending to be his brother and not telling him who he was. I can't remember which state was but it wasn't illegal there and he walk away just like 99% of rapists.

 

It reminded of this scene of sex by trickery when a nerd wears her boyfriend's Darth Vader helmet to have sex with the girl and after they're both done he removes it and she suddenly consents. I can't find the whole scene but this is what I can upload.