Law Sex by fraud; should it be rape?

Should sex obtained through fraud be considered rape?

It seems consistent that it should be when you consider rape is sex without consent, I don't see how you can have consent if you were deceived.

For certain types of fraud, there are some states that consider it rape, this usually involves fraud with identity rather than anything else.

Such as... if the rapist pretended to be the person's spouse or friend but is not. Other types of sex by deception are usually not consider raped, for example:

1) Person lies and says they are single in order to get sex. Their partner would not have had sex with them if they knew they weren't single.

2) Person lies about their wealth/job status in order to get sex. Their partner would not have had sex with them if they knew they weren't rich/had a good job.

3) Person lies about their gender to get sex. Their partner would not have had sex with them if they knew they weren't of that gender.

4) Person lies about their age (not dealing with minors, but say someone is 45 and lies and says they are 30), and the person would not have sex with them if they knew they were that old.

So on and so forth with all the different ways people can lie to get sex...

The thing is... most of these are legal, but lying to get sex... doesn't seem any better than getting someone drunk to get sex.

Do you agree? Why or why not? Why do you think we haven't made lying to get sex a crime?

If you’re going to go there then you may as well add girls wearing makeup to the list.
 
would it still not be fraud? just because sex was involved does that change it to a different category of crime?

You tell a chick on tinder you're pulling in 6 figures at a corporation when youre really the manager of a Wendys. You get a few rounds of horizontal tango before she finds out. now you're a rapist for 'deceiving' her?

does that work for anything else? If i buy something from Wish.com that looks different in real life then it did on the webpage, is that burglary?
 
Chicks who pretend to not be gold diggers should then be added to the mix
 
would it still not be fraud? just because sex was involved does that change it to a different category of crime?

You tell a chick on tinder you're pulling in 6 figures at a corporation when youre really the manager of a Wendys. You get a few rounds of horizontal tango before she finds out. now you're a rapist for 'deceiving' her?

does that work for anything else? If i buy something from Wish.com that looks different in real life then it did on the webpage, is that burglary?

If wish.com was saying it sold real gold and gave you a black coal, that is a form of larceny (criminal theft). Bulgary involves breaking and entering someone’s home usually.

There is a difference between misleading advertisement and a direct lie.

Saying you make good money when you work at Wendy’s is misleading. Saying you work at Microsoft while you work at Wendy’s is a lie, saying it with intent to use that lie to have sex removes the consent element.

The most basic question is, do you need informed consent for sex and is lack of informed consent rape?
 
If you’re going to go there then you may as well add girls wearing makeup to the list.

Sure, if the girl wore makeup with the specific intent to trick you into sex and if you somehow did not know she is wearing make up and had you knew she wore make up you would not give consent for sex, it’s in the same category.
 
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