Is tricking a sleeping single person into having sex, rape?

[someotherguy]

In California it is not: http://www.cnn.com/2013/01/04/justic...html?hpt=hp_t2

"A man enters the dark bedroom of an unmarried woman after seeing her boyfriend leave late at night, and has sexual intercourse with the woman while pretending to be the boyfriend," the court wrote.

"Has the man committed rape?

"Because of historical anomalies in the law and the statutory definition of rape, the answer is no, even though, if the woman had been married and the man had impersonated her husband, the answer would be yes," the court said.

Basically what happened is:
1 - woman was with boyfriend
2 - boyfriend leaves
3 - woman falls asleep
4 - a guy comes in and pretends to be her boyfriend (the room is dark) and has sex with the woman
5 - because the woman is single, under 1872 law, it is OK. If the woman was married, it would be rape.


a bit ironically:

"This law is arcane and I will work with the Legislature to fix it," Attorney General Kamala D. Harris said in a statement Friday.

Both bible and US constitution (went into effect in 1789) are older than this law. Perhaps a better word than 'arcane' should have been used by the Attorney General, but this is just nitpicking.

[Reg]

"Clever use of game mechanics."

I wouldn't classify it as rape, but I do find it disturbing.

[Eldar45]

In California it is not: http://www.cnn.com/2013/01/04/justic...html?hpt=hp_t2


Basically what happened is:
1 - woman was with boyfriend
2 - boyfriend leaves
3 - woman falls asleep
4 - a guy comes in and pretends to be her boyfriend (the room is dark) and has sex with the woman
5 - because the woman is single, under 1872 law, it is OK. If the woman was married, it would be rape.


a bit ironically:

Both bible and US constitution (went into effect in 1789) are older than this law. Perhaps a better word than 'arcane' should have been used by the Attorney General, but this is just nitpicking.

Sure its rape.

And that woman has no idea what arcane means.
Arcane: Known or understood by only a few; requiring secret knowledge to be understood; mysterious

and for rape:
Rape: any act of sexual intercourse that is forced upon a person.

I see it that he took advantage of a situation, and is not much different than using a date rape drug.

[Deleted]

They used to chop off the genitals of the man when such things occurred.
He lied, made use of the environment to abuse her, it still is classified under rape in various countries.
It is no different than a pedo tricking a child via an icecream van.
The perspective and scenario is just, odd.

[MrPaladinGuy]

That law is retarded, this is clearly rape, anyone who thinks it isn't rape is an idiot. Whomever created that law in the first place shouldn't have been in a position where they were able to (this includes the people that passed it).

The fact that said person was aware that the women was unaware it was a different person and made a conscious decision to trick her constitutes this as rape.

[Rukentuts]

Sure its rape.

And that woman has no idea what arcane means.
Arcane: Known or understood by only a few; requiring secret knowledge to be understood; mysterious

Yeah, she clearly meant archaic.

Yeah, I'd say it is rape to impersonate another.

[drwelfare]

I would say its a lesser crime, maybe sexual battery but not "rape".

If I lie to a woman tell her I'm rich so she sleeps with me, when Im actually a broke loser is that rape?

[Reg]

Yeah, she clearly meant archaic.

Yeah, I'd say it is rape to impersonate another.

Don't a lot of people impersonate someone else to get laid? Then I want to accuse companies that make Push up bras for rape.

[Rukentuts]

Don't a lot of people impersonate someone else to get laid? Then I want to accuse companies that make Push up bras for rape.

Impersonating traits and impersonating a completely different person aren't exactly what I'd call the same.

[Pachycrocuta]

I am not entirely sure. Was she completely zonked out when he had sex with her? In that case, she didn't consent and should be rape. Was she just laying down to sleep, and a guy comes in asking "Hey baby wanna fuck?", and she said sure? Then no, I don't think that could be rape, since she did say yes. Also, could she not tell the difference in voice if it was the second?

After reading the article, I can say that the people in California are stupid. So I can hop over to California, enter someone's house, fuck them in their bed while they sleep, and have nothing done to me? All I can say is "wow", shake my head, and walk away.

[Deleted]

Not sure, it's a difficult topic.

[Lemons]

And that woman has no idea what arcane means.
Arcane: Known or understood by only a few; requiring secret knowledge to be understood; mysterious

Actually, by that definition, arcane fits, seeing as very few people were probably aware of this loophole until this situation arose. In other words "Known or understood by only a few". Although, I think a better word would have been "archaic".

Also, this whole situations seems strange. How can anyone sleep through sex? And if she did wake up how did she not realize it wasn't her BF!? Was she raped by his evil twin or something? Actually...I think I just wrote 14 episodes worth of day time drama with that last sentence.

[Pachycrocuta]

I would say its a lesser crime, maybe sexual battery but not "rape".

If I lie to a woman tell her I'm rich so she sleeps with me, when Im actually a broke loser is that rape?

No, tricking someone to have sex with you by saying you are rich, and then her finding out you're broke is not rape so long as she said yes. She was not forced no coerced into it. So that would just be a poor decision on her part.

[Deleted]

As far the story is told it is not rape. It was not forced and the woman's story is BS. Even if it is dark you must be mental retarded not noticing a stranger from your boyfriend. Seems this woman just wanted to fuck someone else for her own pleasure and then get money out of it as well. Just some media attention crap again to keep people occupied during boring days

[daytonbrown]

There is a legal term for this, it's called "rape by deception". Plenty of people have been prosecuted and convicted for it, you can google it.

[wvx]

It's rape .

10 char

[Deleted]

The woman can't tell the difference between a random man and her boyfriend having sex with her because "it was dark"?

I don't buy it

[Deleted]

Ugh...I didn't know only married women can get "raped"...The law, like most these days, is old and incomplete / partially illogical. It's indeed necessary an act of forcing for the intercourse to be considered rape, but that doesn't mean that the victim must literary be held by force / forced to be part of the sexual act.
To force someone into doing something means taking away their will...aka doing it without the victims consent.
Had the victim knew that the guy sleeping with her is not her boyfriend, she wouldn't have done it ( unless she wanted to )...which means that the act happened without her consent ( will ) ....aka BY FORCE.

This usually is more common to contracts that are affected by certain vices : violence, forgery , etc....and if you know how list your ideas in front of the court, you can send such a deuchebag to years of prison.


ps; Excuse my choice of words, some technical words cannot be well translated into english.

[drwelfare]

The woman can't tell the difference between a random man and her boyfriend having sex with her because "it was dark"?

I don't buy it

Probably rape because she changed her mind, regretted it after the fact or got caught

[semaphore]

It's rape. Marital status has no relevance.

I still can't believe they let him off on a technicality like that.

---------- Post added 2013-01-05 at 03:56 PM ----------

If I lie to a woman tell her I'm rich so she sleeps with me, when Im actually a broke loser is that rape?

That's not remotely the same as impersonating a boyfriend.

---------- Post added 2013-01-05 at 03:57 PM ----------

The woman can't tell the difference between a random man and her boyfriend having sex with her because "it was dark"?

I don't buy it

She was asleep. She's fine with it if it's her boyfriend, but turns out it's a rapist taking advantage of her state of non consent.

---------- Post added 2013-01-05 at 03:59 PM ----------

Don't a lot of people impersonate someone else to get laid? Then I want to accuse companies that make Push up bras for rape.

Huge difference between creative presentations of yourself, and taking advantage of someone being asleep to violate her.