This "rape by fraud" situation- should the perpetrator be prosecuted?

PriscillaB · 21-04-08

This was inspired by a question I saw yesterday. I was wondering what people think of this "rape by fraud" situation, since there has been some debate as to whether it should be considered rape. There's a con going on where certain sleezebag individuals pretend to be porn producers. They post job listings online, make up fake business cards, create fake company names, etc. Then they lure young people into "auditions" where they have sex with them, with the promise that it will get them into a high paid film. In one particularly atrocious case, one of the individuals running this con is believed to be HIV positive and may have infected one of his victims. Should this be prosecuted? Should it be considered a form of rape?Rica, Legally, porn and prostitution are not the same things. Producing porn is legal.

BruceJ · 21-04-08

No, this is not rape.It's fraud. For whatever reason (be it the promise of money, or the promise of fame, etc....) the woman was willing. To me, rape is defined by the victim's unwillingness to parcipate.The situation you have described is really not much different than when I lie to a girl in a bar about my job and then take her to bed. It's not ethical, but it's not illegal.

michelleh · 21-04-08

He should be arrested and tried for fraud and the possible killing someone by hiv, but to classify it as rape ? no. It was consentual. She had the ability to take him at his word or do her homework on him check out background history and all that. She chose to take him for his word.Nothing wrong with trusting someone but You can't very well scream rape when you willing had sex.

RobertG · 21-04-08

its employeement fraud and she should be able to sue the "producer" for wasting her time

DanA · 21-04-08

no he lied to her but he didnt force her so no it cant be classed as rape

ricardoxantos · 21-04-08

Will depend if the woman was forced in to the act or not.With all do respect, not being payed the expected remuneration do not constitute a rape. If at all, it makes the woman a prostitute.If she agree to the sex is not rape, independently if she received or not the expected remuneration. But by expecting a remuneration the woman itself is a prostitute. So it would be a fraud made to a prostitute. Unless in Nevada, both things should be punished, the fraud and the prostitution.

mysterymeat · 21-04-08

fraud. not rape.

ElanaV · 21-04-08

I live in LA, and I've heard of this scam. You can believe when they catch the guy, he's going to be in a lot of trouble anyways. He's been targeting homeless youth, many of whom have turned out to be underage. That alone means he can be prosecuted for a few counts of third degree or statutory rape. I believe knowingly exposing someone to HIV is something that can be prosecuted as well. I can understand what others are saying. Once you open the door for prosecuting "rape by fraud" where do you draw the line? Can you convict someone for lying about their age? Exaggerating their income? However, this really is above and beyond that. These people aren't consenting to sex for the sake of sex, they're consenting to sex in the form of an adult film audition, when there's really no such opportunity. At the very least it should be a fraud case that comes with a heavy penalty.

VictoriaSpardaPaganFeminist · 21-04-08

not rape, but if he was aware that he had aids before he had sex with her, he can be trialed for murder as well as for being a con artist.

sam4954 · 21-04-08

It's not rape.But you can be prosecuted for having unprotected sex with someone when you know you have HIV.