Via Sex Crimes:
The Massachusetts Supreme Court has made a ruling in the odd area of law concerned sex by fraud. Here is a media account of the ruling:
A woman who had sex with her boyfriend's brother in her darkened room late one night claimed she was raped, saying the man tricked her into the act by impersonating her boyfriend.
But Massachusetts' Supreme Judicial Court disagreed Thursday, citing a half-century-old state law that says it is not rape when consent to sexual intercourse is obtained through fraud or deceit.
The high court said the state's rape law defines rape as sexual intercourse compelled "by force and against (the) will" of the victim. The court cited a 1959 ruling it made in another case in which it found that fraud cannot be allowed to replace the force required under the law.
The SJC noted that the state Legislature has had "ample opportunity" to change the rape statute to include fraud or deceit, but has not done so.
"Fraudulently obtaining consent to sexual intercourse does not constitute rape as defined in our statute," the court said.