As to the question, the appropriate designation is rape by fraud or deception and it depends on what state you are in. I believe they were in Phoenix ie Arizona and Arizona does appear to have a rape by fraud statute.
However, the court also discussed a number of states that have enacted statutes that extended the traditional definition of rape to include fraud or impersonation. In Arizona, a former statute defined rape to include: "where the female submits under a belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense of concealment practiced by the accused with intent to induce such belief." See Hough, 159 Misc.3d at 1000-01.
http://nysbar.com/blogs/lawstudentco...on_or_imp.html
So based on Arizona laws, she raped him. I am sure Soule didn't think about this and thought it was just being funny but yeah, I can only imagine the fallout if it was a male doing this to a female.
Originally Posted by remydat
Reply With Quote
