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If Your Neighbor Poses as Your Husband, Is it Rape?

npr.org — Massachusetts is the latest state to consider putting a new crime on the books: rape by fraud. Currently, a sex act only qualifies as rape if physical force is used. We talk to a woman who was tricked into having sex with her boyfriend's brother, who pretended to be her boyfriend — and unable to convict him of rape...

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  • disccomp, on 05/06/2008, -27/+11If this passes, odds are someone will try to use this to defend having sex with a 15 year old who represents themselves as being of age.
    • pathy, on 05/06/2008, -4/+23And?

      Oh noes teh teenagers are having sex, run for the hills!
      • sdcarter, on 05/06/2008, -2/+15Why? Is that where they're doing it?


        Giggity.
    • yournightmare, on 05/06/2008, -1/+17They can't. Statutory rape is a strict liability crime.
  • vault, on 05/06/2008, -40/+125Calling THAT rape is disrespectful to actual rape victims.
    • darthabominis, on 05/06/2008, -39/+39So your saying they are SOL if they are tricked? how would you feel if it was your daughter sister or wife who is tricked into thinking they are having sex with someone who is not who they say thy are? sorry your comment is disrespectful to all those who are raped not just those by violence
      • TheThirdLevel, on 05/06/2008, -15/+30If there was no physical abuse and she didn't say no, then it's not rape. By definition.
        How can you just randomly get "tricked" anyway? If you're going to sleep with a person the first time you meet them, you're a dumbass.
        • zdislaw, on 05/06/2008, -12/+20That's the whole point. The story questions whether the definition should change. And the woman in the story was not randomly tricked. She thought she was sleeping with her boyfriend. I, for one, believe that the definition should be changed to include sex by deceit.
          • Solis, on 05/06/2008, -17/+6I for one would like to see you raped.
          • TheGuruStud, on 05/06/2008, -9/+7I second that motion, but I get to hold the camera.

            Of course, you can't rape the willing :(
          • MxM111, on 05/06/2008, -0/+5I would call sex by deceit as "sex by deceit" and had a special law about it. Problem solved.
          • DangerMouse9, on 05/06/2008, -2/+2@TheGuruStud

            So if some chick asked if you wanted to have sex, and you said yes, then a big burly guy shoved his ***** in your ass you'd be fine with that? You'll note, I didn't say she asked if you wanted to have sex with her, she just asked if you wanted sex.

            Then again, a cocky bastard like you probably has taken it up the ass one or nine times.
          • DeathfireD, on 05/06/2008, -1/+6Rape is rape, deceit is not rape. If you're stupid enough not to be able to tell who you husband or wife is, then be more careful when you have sex. Don't blame your stupidity on other people. If this law or definition is passed, then you're gonna see a jump in "rape" cases due to people just wanting to make money. "OMG my neighbor said he was divorced but it turns out he's still married. I wanna sue him for tricking me! RAPE RAPE!!!"
        • EtherGnat, on 05/06/2008, -1/+8I think it's important to specify very clearly what is meant by deceit. The article is short on details, but I don't think they're talking about fraud like "this Ford Focus is a loaner while my Beamer is in the shop getting gold plated". Obviously you'd open a big can of worms if you tried to criminalize that.

          But in cases where somebody knowingly tricks another person into believing they're a different person for the purposes of having sex with them I'm totally OK with that. To be even more clear I'm not talking about telling somebody at a bar you're the drummer for Green Day. I'm talking about this case, or the cases where twin brothers have tricked women into sleeping with them, or the cases where people have sneaked into dark bedrooms and pretended to be a woman's spouse/boyfriend.
          • DeathfireD, on 05/06/2008, -1/+3ya like it's so regular for a twin brother or sister to trick their sibling's spouse into having sex *roles eyes*. This type of stuff doesn't happen often and when it does it's rare and gets publicized all over the place making it seem like it's a new rising problem. A law like this would be abused to the point where it's not helping anyone that actually needs help. You ARE going to find people claiming to be big rich business men or singers in rock bands getting sued for "Rape" and you are going to see siblings being accused for "attempted rape" when they didn't do anything. People take laws like this and abuse the hell out of them to get money. Sure, if it was used correctly it would be great for stopping those rare late night predators that randomly walk into your house in the dark and make sweet love to you wile you think its your b/f from down the block, but unfortunately people don't all use the laws the way they where intended. So before you jump on the "lets classify trickery as Rape" bandwagon remember one thing. These people that are caught in the trick are willingly having sex. This is their own consent and they are not being forced. If they have a shadow of a doubt that this person isn't who they claim to be, then they shouldn't be having sex. It's that simple.
          • troye, on 05/06/2008, -0/+1I'm Elvis baby. I swear. I just have a really good tan.
        • jp12380, on 05/06/2008, -2/+5Yeah, but guess what if this goes into effect you WILL see cases where the women are claiming rape because they claimed to be someone famous or because the guy said he was loaded. How do you get tricked into having sex with your neighbor thinking it was your husband? Did he impersonate his voice? Did he tell her to leave the lights off as she walked into a dark room?!
      • senatorpjt, on 05/06/2008, -4/+4590% of the time, they have to be tricked anyway. Maybe not saying you're someone else, but this isn't the first time a guy has lied to a woman to get her in bed.
      • Cerebral, on 05/06/2008, -6/+33I agree with TheThirdLevel in that you are a moron if you are "tricked". File a civil suit and win in court against them. Lets also turn this around then to when underage girls "trick" older men into thinking they are 18, will something be done then in those cases? Keep your ***** legs closed or your dick in your pants.
        Not only that but if my daughter/wife was "tricked" into having sex with someone I would be more pissed at them for being a dumbass.
        • zdislaw, on 05/06/2008, -19/+3Wow. I'd hate to be showered with the love you obviously feel for, what I can only hope, is a wife or daughter you don't actually have. You sound like someone who can understand the motives behind "honor killings."
          • TheThirdLevel, on 05/06/2008, -3/+13Way to relate two totally different topics.

            The total question is, how can you just be "tricked"? I mean, you should ***** know what your spouse/bf looks like and other things about him, how can somebody just "pretend" to be him and have sex with you? If you fall for that *****, you're a moron. I agree with the real rape victims being disrespected, they're being classed in with morons.
          • xtrench, on 05/06/2008, -9/+2It's digg, of course he doesn't have a wife or a daughter.
          • Cerebral, on 05/09/2008, -1/+1Actually I do have a wife and a son/daughter on the way in November and yes if my wife was ever "tricked" (and note the word "tricked") then yes our relationship would be over. I mean come on you mean to tell me that even an identical twin would have both absolutely EVERYTHING identical physically to the sibling AND all manorisms would be the same (technique etc.)? I mean come one how the hell can anyone "trick" you into having sex with them then you are a dumbass. The ONLY time that I could say you would actually have a defense against being a dumbass is when there is a situation like that lady who escaped prison and lived a 2nd life with a husband and kids that was just arrested. That is a case is one in a million.
            Oh and drugs (date rape) does not count as being "tricked" that is straight rape bro.
        • Suzilla, on 05/06/2008, -3/+2Cerebral ... /sarcasm. (I get it. ;-)
      • Interex, on 05/06/2008, -1/+22Doesn't this happen every night at the local bars/clubs.... No really I'm a doctor. *WINK*
        • toonworld, on 05/06/2008, -0/+7does that mean I have to stop pretending to be Brad Pitt so I can get laid?
      • oneoverzero, on 05/06/2008, -3/+3Agreed, there's no way anybody could convince me that this could carry anything near the same mental/psychological toll that being raped would.
    • gta3uzi, on 05/06/2008, -11/+56Agreed, one of my ex-girlfriends was raped by her cousin when she was younger. Thrown (hurled?) up against a wall and *****. Now I don't know about you, but that sounds a little different than "Oh, look at me! I can't tell the difference between two people when they're totally naked!"

      Bunch of damn loons making the laws.
    • modelcadet, on 05/06/2008, -17/+8There isn't necessarily physical abuse nor discreet dissent with statutory *rape.* It is irrelevant whether or not the person is smart enough to catch the impostor; I'm pretty sure the complete feeling of violation, degradation, etc., remain. This is most certainly a crime, and you are buried.
      • nycmac247, on 05/06/2008, -5/+16so laws based on feelings? you gotta be kidding me...
        go back to the hood and shoot someone dead - "he disrespected me!!!"
        • setec, on 05/06/2008, -3/+4Anyone who thinks this isn't rape is a ***** moron. Once again, your blaming the victim here. Typical pro-defendant diggnation comment.
    • SuperWinner, on 05/06/2008, -4/+17Is it illegal yet for men to look at women without asking permission, yet?
      • OralCavity, on 05/06/2008, -3/+1your name is awesome irony
      • Katana314, on 05/06/2008, -1/+3I still haven't made up my mind on this issue, but your comment still wins.
      • troye, on 05/06/2008, -0/+3Yeah that would be sad. Let's hope that never comes true.
    • ZenMojo, on 05/06/2008, -1/+4So if your twin brother poses as you and ***** your wife, you think it's "just one of those things?" This should be common sense.
  • britblogger, on 05/06/2008, -8/+136if she can't distinguish between her boyfriend and his brother, then she's evidently not the one to be throwing around the pointy finger.

    sounds like someone should lay off the bay breezes before bedtime.
    • pathy, on 05/06/2008, -5/+28Could be twins.
      • sostoudt, on 05/06/2008, -0/+5like on the entourage lol
      • arjie, on 05/06/2008, -2/+11Like this time: http://abcnews.go.com/TheLaw/LegalCenter/story?id= ...

        Identical twins, the woman had sex with both men within hours and now they can't decide who's the father of the kid.
        • mwolfzorn, on 05/06/2008, -2/+6"Ramon Miller (right) and his twin brother Richard have been fighting in court for four years over the paternity of a child both men were sleeping with."

          Both men were sleeping with a child??
        • neognostic, on 05/06/2008, -2/+16I'm an identical twin, and I call BS on this. There are too many differences by the time twins reach the age of these two, for her not to know the difference. She was either drunk, or slutty or both.
          • spaceddaisy, on 05/06/2008, -5/+3So if she was drunk it was okay for him to take advantage of that and deceive her into sleeping with him?
          • kingvik, on 05/07/2008, -0/+1Yes.
          • spaceddaisy, on 05/07/2008, -0/+2Did any you even listen to the news story?

            She was sound asleep in the complete dark when she thought her boyfriend came in, he started to make a move on her, not talking, no light while she was still half asleep.She was sleeping, drowsy, not fully awake. When he got up and got to the door and stood in the light she found out and was devastated.

            I'm seriously terrified about all the commenters on here that are totally okay with this. If this would happen to your wife or girlfriend would you laugh about it happening? I doubt it....
      • Continuum, on 05/06/2008, -0/+14I dated a twin once. After spending , ohhh, 1 hour with her, it was easy to tell them apart.
        If I can tell identical twins apart after an hour, I would hope she could tell her husband apart from the brother...
        unless they met 59 minutes ago of course. then it is understandable.
        • intangible, on 05/06/2008, -0/+6Why would you want to admit that you could tell her apart? Things would be much more interesting if you couldn't, and you'd have an out :).
    • Jogga, on 05/06/2008, -8/+3They could be twins, but even so, rape seems too harsh a sentence for this situation.
      Perhaps a lesser sentence?
    • tamuengineer, on 05/06/2008, -3/+5I'm just amazed that they pulled it off.
      • mckinnej, on 05/06/2008, -2/+13I'm not. I went to high school with two sets of identical twin boys. One pair I knew all the way back from elementary school. I never had any trouble telling them apart, but a most people couldn't determine which was which. They used to enjoy tricking girls like this and did it regularly. One would do a girl and tell the other if she was good or not. If the other was interested he would arrange a date under the premise he was the first twin and have an easy score. I bet even now some of those girls don't know they we banged by two different guys.
        Was that rape? Although it was immoral, I don't think it was rape.
        • s0nicfreak, on 05/06/2008, -1/+13I'm not saying it's immoral but ew, why would you want your brother's sloppy seconds.
          • troye, on 05/06/2008, -0/+3hey if shes hot then i'd want some sooner or later

            giggidy giggidy alright!
        • Buckeye17, on 05/07/2008, -0/+3No, it's not rape. The only thing that matters in our society is looks, so if they're identical twins... the girl is essentially having sex with the same person.
  • alanr19, on 05/06/2008, -10/+118That will open the floodgates to a lot of
    "Hey you told me you were an airline pilot/Lawyer/doctor/architect, I'm calling the cops"
    or
    "Hey you told me you drove a Porsche, I'm calling the cops"

    *Yikes!* Time for new pick-up lines guys.

    • Leysa, on 05/06/2008, -7/+9That's dumb, that would never happen.
      The law should be more like Scottish law where this sort of thing would count as rape.
      It only counts as fraud if the person pretends to be someone he isn't as opposed to something he isn't.
      e.g. There was a case where a woman woke up to find her "husband" having sex with her in her bed. She later found out this man was not her husband. Similar to this case but in Scots' law although the woman had consented the man deliberately knew he was deceiving the woman as to who he was and he was convicted.
      • j0ker666, on 05/06/2008, -0/+4Yeah I agree with you, that case your talking about is also a very important precedent in UK law as well.
    • Jogga, on 05/06/2008, -1/+20To be fair, if a man tells you he's simultaneously a lawyer, a doctor, an airplane pilot, and a an architect, you should be suspicious in the first place.
      • alanr19, on 05/06/2008, -3/+4LOL
      • oneoverzero, on 05/06/2008, -0/+5As a representative of the community of lawyer-doctor-pilot architects, thats unfair :(.
        • yacks, on 05/06/2008, -0/+1Did you go to the last Lawyer-Doctor-Pilot-Architect Association meeting? I was busy producing a Hollywood movie and had a record to produce afterwards as well.
      • troye, on 05/06/2008, -1/+1Some women are just dumb though. Some chick would believe all that and thought a person must have done like 15 years in college or something.
    • erydan, on 05/06/2008, -1/+9That is totally what would happen, if not right away, it would happen eventually. Stupid law, by stupid people for stupid people that messes it up for everyone else.
      • PdxPhoenix, on 05/06/2008, -0/+4Yup. Whenever a politician says "We don't intend for the law to be enforced that way." You can bet that the police/DA will choose to enforce it exactly that way soon enough.
        • troye, on 05/06/2008, -0/+1*see above* - that's why us smart people have to read in between the lines.
    • MxM111, on 05/06/2008, -0/+4"You told me you will call tomorrow!"
  • BlindingDawn, on 05/06/2008, -5/+121Bigger question, would you marry someone who couldn't tell the difference between you and the neighbor
    • mescad, on 05/06/2008, -1/+61Sounds like a lame excuse from someone who got caught with the neighbor.
      • J4k3, on 05/06/2008, -3/+2Exactly! That was my first thought. This is a ridiculous law and that bitch (that's what she is) should be ashamed of herself.
    • ToddsSpleen, on 05/06/2008, -1/+24No, but I'd live next door to someone who couldn't tell the difference between their husband and the neighbor
    • MadHarvey, on 05/06/2008, -1/+1I never have to worry about that because my penis makes an unmistakable loud beeping noise when erect (sort of like a truck reversing). I doubt there are very many people with this condition...

      I told those kids that made fun of me in school that it would come in handy someday.
    • ZenMojo, on 05/06/2008, -1/+3...If you read the description, their neighbor is her boyfriend's brother. Not that ***** complicated.
  • aflaks, on 05/06/2008, -11/+88its not rape, its surprise sex!
  • raleel, on 05/06/2008, -7/+16Another side effect of this might be those who get a rude surprise from a cross-dresser.

    It's an interesting question. Stealing via false information is a crime, stealing via physical violence is a crime. So, one would think that since sex through violent means is a crime, ex through false information might be as well.

    As for the defense against 15 year olds, I suppose they would have to show that they presented themselves as 15 in some tangible way.
    • toastgodsupreme, on 05/06/2008, -8/+29But sex is ALWAYS gotten through falso information.

      Where do you draw the line?

      So maybe you do make $400,000 a year, but oops, you lied about your penis size. Rape!

      Or maybe you don't own that house, you're renting. Shouldn't have told the girl you're banging. Rape!

      I mean, what exactly qualifies as a lie that falls into the category of fraud with sex? Oh, that's not your natural hair color? That suit isn't Armani?

      If this is the case, do men get to call rape when they find out that the girl's ***** aren't real, but implants? Or that she dyes her hair? Or that she wears colored contacts?

      I think the examples speak for themselves.

      Did the girl have sex with someone who wasn't her husband?
      Yes
      Dis the girl enjoy it at the time?
      Most likely, yes.
      At any point during the act did he force himself on her against her will?
      No.

      Where is the rape exactly? She enjoyed it at the time, was sober, did not resist or tell him no, was awake.
      • drlha, on 05/06/2008, -14/+7Sex is always gotten though false information? That's a pretty unhealthy attitude. Sure we've all embellished a bit to chat up the ladies, but I've also been laid plenty of times for just being me. You need to stop associating sex with deception, and get a little self esteem.
        • toastgodsupreme, on 05/06/2008, -6/+15You missed the point of the discussion entirely by trying to show off on the internet (and in front of a bunch of other guys as well). Double fail.
          • drlha, on 05/06/2008, -12/+6If you think lying is the only way to get laid, I think I know who the failure is.
          • kihadat, on 05/06/2008, -3/+1You're missing the point. Having sex isn't just about the physical pleasure. It's an emotional thing as well. Having someone penetrate you who isn't the person you think it is a horrible, scarring experience. The question that defines rape is this: Was the sex consensual? In the case of having sex with a person who isn't who you think it is, your capacity to make a decision is completely compromised. It isn't consensual because you don't have the capacity to give consent. That's why it's considered a crime.
      • lavenderblue, on 05/06/2008, -3/+3I would say there's a difference (and a significant one) between picking someone up under false pretenses ("Yeah, OF COURSE I a CEO...") and deliberately tricking someone into believing that you are their significant other.

        In the first situation (as it's been presented by most posters), both parties are up for casual sex. In the second, one party is assuming someone else's identity in order to have sex with his spouse.

        That's slimy, and it should be a crime.
      • ubuwalker31, on 05/06/2008, -0/+3From Volokh Conspiracy: ""Why do we make it a crime to take property when consent is gotten through fraud, but not to get sex when consent is gotten through fraud"? But while I think the "why" is interesting and important, the bottom line strikes me as clear: There is likely to be much more injustice and suffering if the criminal law were to police a vast range of lies and concealments in sexual relationships than if the criminal law stayed out of this....I do think some kinds of sexual frauds could properly be criminalized, for instance if the defendant impersonated some other specific person whom the victim knew, or if the defendant lied about having a serious sexually transmitted disease (or even concealed such a disease), or if the defendant lied about whether certain sexual contact was necessary for medical purposes. But these would be narrow and precisely drafted laws, which would cover a small range of clearly highly reprehensible and unusual conduct, and would not cover behavior that is either proper protection of privacy (e.g., not revealing one's sexual history) or that is an extremely common human failing (e.g., cheating)."
      • kalii, on 05/06/2008, -1/+1Well I think your analogy is off base. If a woman sleeps with a man b/c of material wealth/physical prowess, there is a bit of duality there she is being just as deceptive as you are, for she wants something in return as well, rather this is implied or expressed. For example she may want to sleep in that brass waterbed or drive that brand new porsche. However, a wife that sleeps with her husband for something entirely different. There is a certain trust that already has been established by husband and wife and it's that trust that is being exploited. She would not have sleep with this guy had he not misrepresented himself and he knowingly sleep with this woman knowing he wasn't the husband. In this case it would/should be rape.
      • oneoverzero, on 05/06/2008, -0/+1What about sarcasm?

        Would you consider it lying?
    • dorsey47, on 05/06/2008, -0/+1and rape can be easily equated with stealing
    • MxM111, on 05/06/2008, -0/+4"Stealing via false information is a crime, stealing via physical violence is a crime. So, one would think that since sex through violent means is a crime, ex through false information might be as well."
      NO, NO! You analogy would be right only if sex was a crime (stealing is).
      • ZenMojo, on 05/06/2008, -1/+2Um, that's a stupid argument. Sex is a crime, you pervert, if it's unwanted. Giving someone 100 dollars isn't a crime, but taking it from them or taking it from their purse when they're not looking or asking to borrow it and then never paying it back or lying about who you are and then taking it.
  • RyukShinigami, on 05/06/2008, -8/+73if a tree falls in the middle of a forest and nobody hears it, is it rape?
    • Dystisis, on 05/06/2008, -1/+28Depends on the angle and whether or not the ground was wet before contact.
      • credence, on 05/06/2008, -1/+16also, was there grass on the field?
        • toonworld, on 05/06/2008, -5/+2play ball!

          old enough to pee, old enough for me!

          yes yes, I know it's totally wrong, but still funny... and yes I was joking!
    • pax85, on 05/06/2008, -2/+2You even have to ask? Hell yeah! Might even be murder, since the tree is dead now :)
  • gossipninja, on 05/06/2008, -5/+46Man if rape by fraud is passed, then a lot of people are in trouble. "yeah baby I am an exec making 6 figures" when in reality you work the late shift at burger king.
    • CobaltBlue, on 05/06/2008, -3/+9You can easily make 6 figures working at Burger King, as long as those figures are in dimes.
      • yacks, on 05/06/2008, -1/+1also dont forget.. .00 is 2 extra figures.. so I make. $5023.67 a year at Burger King..there's 6 figures right there..
  • Kitakaze, on 05/06/2008, -9/+2This has already happened. Women have successfully sued men who pretended to be celebrities, after ***** them. I don't know if it was called rape, but they won. I think the concept is pretty much the same, here...
    • GREEDOnvrFIRED, on 05/06/2008, -1/+2The concept is not even similar. Is the following similar? You meet a girl in a bar. She tells you she is a model. You take her back to her place. Take her in her bedroom. She turns out the lights. You feel your pants being unzipped. You enjoy oral sex for half an hour. NOW. Would you rather she turns the lights on and her long haired gay brother is on his knees in front of you wiping his mouth. OR would you rather she turns the lights on and says "I am not a model." You make the call. But remember, according to you its "pretty much the same."
      • Kitakaze, on 05/07/2008, -1/+0*****. Lets say a bimbo ***** Tom Hanks, and then I wave a magic wand, and all of a sudden, Tom Hanks is a complete nobody. Should the bimbo be able to sue him? How the hell can you have ANY sympathy for someone who're so shallow and vacuous that they'd ***** someone purely because they're famous?
        The laws of this land is increasingly catering for the lowest common denominator -- like the Hooters waitress who won a Toy Yoda, believing she'd won a Toyota. This was done by a small, local radio station with only a few contestants and anyone with half a brain would realize that their budget didn't allow them to hand out a goddamn car as a prize. But the idiot won. Welcome to Idiocracy, buddy.
        Being stupid is SUPPOSED to hurt, m'kay?
        • GREEDOnvrFIRED, on 05/07/2008, -0/+2You need to read my comment. I make absolutely no reference to the nonsense you are going on about. If anything my comment points out that being duped into having sex with a false "celebrity" is trivial. Read. Think. Reply. YOU may wanna make it... Read. RE-read. Think. Reply. And don't be embarrassed, you'll get the hang of it.
  • JJCDAD, on 05/06/2008, -12/+4Fraudulent ***** FTW! (?)
  • johnn11238, on 05/06/2008, -11/+5Um...Yes.
  • talkingtiki, on 05/06/2008, -9/+3It's not rape, it's surprise sex! Just being neighborly.
  • Maynza, on 05/06/2008, -21/+11Yes it's rape, it would be the same scenario if someone broke into your house and the lights were off. I don't see how anyone can say that accidentally having sex with someone you though was your husband of all people isn't rape. You know how dirty someone must feel after the douche bag goes "oh btw I am not your husband"?
    • nycmac247, on 05/06/2008, -6/+10have you even _had_ sex?
      • Continuum, on 05/06/2008, -0/+1Sorry I can't hear you over the clatter of my wife's breasts while we make sweet sweet love.
    • Maynza, on 05/06/2008, -7/+3_yes_
  • mightymouse, on 05/06/2008, -9/+3This is no different than guys lying to girls about who they really are.
  • sostoudt, on 05/06/2008, -3/+10now you cant even lie to women anymore to get sex what hope is there for us working stiffs*cough cough* i mean rich doctors that own yachts
  • joeraylambert, on 05/06/2008, -6/+1I'd hit it, and after I hit it, I'd say I was raped!
    and let her sorry ass get hauled off to jail!
    Oh yeah - double-edged the sword is!
  • sostoudt, on 05/06/2008, -8/+15wait does this imply about women who stuff their bras. thats the worst lie of them all as far as im concerned.
    • Tahiri, on 05/06/2008, -12/+2You're an ***** on so many levels
      • sostoudt, on 05/07/2008, -0/+1you know you had a good comment when people call you a ***** lol
    • drlha, on 05/06/2008, -1/+2I'm glad I was college aged when the Wonderbra became popular, you could see those coming a mile off just by the shape. Great way to avoid disappointment.
    • jellor, on 05/06/2008, -0/+8stuffing bras is false advertising
      on the flip side, claiming to make six figures a year is marketing spin... no one asked which currency you're using as a base
      • publiclurker, on 05/06/2008, -0/+0Hey, everyone counts the decimal point as a figure,

        and the two digits after it,

        and the dollar sign.

        Don't they?
    • Kronos6948, on 05/06/2008, -0/+2I can think of one thing worse...if instead of stuffing tissues in the bra, she's stuffing her penis in her panties.
  • uziko, on 05/06/2008, -9/+5wow that's insane, you can see the person when he puts his dick into you, amazing, i hope whoever made this law get's shot
  • thebloodvayne, on 05/06/2008, -3/+34It's wrong, but when you can barely recognize your boyfriend from someone else during sex, you KNOW you've got problems...
    • toonworld, on 05/06/2008, -1/+8I'm assuming that the brother was his TWIN brother so I can see how he would have succeeded in deceiving her.

      Although usually identical twins can act similar, they do have certain subtle character traits that allows other people to tell them apart. I mean, do the brothers really screw EXACTLY the same way?
      • ShugNinx21, on 05/06/2008, -0/+1Not only that but their foreplay most likely isn't the same nor are the things that a husband would say to his wife as opposed to things someone pretending to be the husband would say.
    • swimmin00, on 05/06/2008, -0/+2Maybe she was a blind deaf mute... would you hold it against her then?
  • Sonof8Bits, on 05/06/2008, -7/+3Am i wrong for laughing when i read this? I mean; "you got punk-ed"
    Twins pull this joke too, you know
  • edebolt, on 05/06/2008, -3/+10sure like this happens all the time. Couldn't the govt concentrate on more common things like Eagle Rabies.
    • SteveIsTheDude, on 05/06/2008, -0/+1Not Joe Walsh! Say it ain't so, Joe.
  • zohaibusman, on 05/06/2008, -3/+1Really a new change in the crimes list.... but be careful
  • nycmac247, on 05/06/2008, -4/+1???
    put in the category ______ (must create name; cannot think of one) along with people married to a tranny for a couple years that "didn't know" despite having sex
  • lozeerose, on 05/06/2008, -2/+19I just heard the segment and the issue here is consent. Many excellent examples were provided in the story that, for me, constituted rape (w/o force) through the use of fraud. Keep in mind that just BSing your way into the sack should not get you in jail but assuming the identity of another person may be enough. One of the better examples was one of the college party where one dude gets first and then leaves covered up and then some other guy comes back in wearing the same guise and takes a turn. That to me is equivalent to rape, however a distinction must be made similar to the different sub-types of other crimes.
  • Whadabala, on 05/06/2008, -7/+1Some say the law goes too far, however, and could criminalize lies like, "Really, I'm divorced!"
    Well that sucks... Gotta find more lines.
  • Sillywombat, on 05/06/2008, -7/+3What?? If she couldnt tell them apart then thats her problem.
    Im very doubtful that a new law is going to be made after this.
  • Anonchrist, on 05/06/2008, -6/+14Love thy neighbor? *Giggity Giggity*
  • pax85, on 05/06/2008, -4/+2I can't listen to the audio file, so could someone please explain to me, how you surprisingly have sex with someone else?
    • alittleroy101, on 05/06/2008, -1/+1Can you also not read the 100+ comments above you?
  • IronDonut, on 05/06/2008, -4/+3Fortunately this will have no bearing on women's tequila fueled bad decisions.
  • IronDonut, on 05/06/2008, -6/+6They should also create a companion law which would imprison married women who pretend to love giving pre-nuptial blow-jobs and women who use any variant of this line, "don't worry you don't have to use a condom I'm on the pill" to trick men into knocking them up.
  • zcreem, on 05/06/2008, -4/+27Probably having an affair with the brother, got caught, and came up with this lame excuse.
    • endustry, on 05/06/2008, -0/+1But he said she better not tell nobody. Maybe the double negative just confused her.
  • spider418, on 05/06/2008, -5/+30C'mon turn the tables here... How about if a girl you met at a cinco de mayo party last night starts to go down on you, turns the lights off and lets her gay roommate finish the job? ...boy am I getting dug down deep for that one!

    Stop all that macho posturing and think clearly, it's still sex without consent which is rape. Or point your testosterone in another direction, what if that happened to your friend or sister? How badly would you beat the crap out this guy before castrating him?
    • DharmaDog, on 05/06/2008, -1/+6"Or point your testosterone in another direction, what if that happened to your friend or sister? How badly would you beat the crap out this guy before castrating him?"

      The guy deserves a good ass kicking and everyone should know what a douchebag he is, but I'm not convinced it's rape by definition. Rape currently means sex by force against someone's will. Yes the guy used deception to get around having to use force, but it is still not technically rape. Lack of consent is but one of the essential elements of rape. Using lack of consent as the deciding factor for the determination of rape currently happens in instances of people deemed to be incapable of giving consent. This group includes minors (statutory rape) and mentally disabled people. It does not include women who have been deceived.

      Of course, laws can be changed and rape laws have changed greatly over the last century. Rape had been defined strictly as a man having unlawful forcible sex with a woman. This did not apply to married couples. And a women could not be convicted of raping a man, nor could a man be convicted of raping another man. Furthermore, mere lack of verbal consent did not factor into the decision. If could not be proven in court that a women resisted the forcible sex with every means at her disposal, then a charge of rape tended to not result in a conviction.

      It's not macho posturing, its the essential elements of rape that are a problem here. We can't make all sex by deception rape or our prisons will be overflowing with college aged men that told women that they are independently wealthy because their grandfathers invented the flavor of bubble gum in order to get laid. A more specific law that targets sex by impersonating a spouse is needed to get around the hurdle of the consent issue.
      • swimmin00, on 05/06/2008, -1/+1There's a big difference between getting someone in bed by assuming someone else's identity and pretending you have something you don't... and it shouldn't be as specific as "impersonating a spouse". What about boyfriends/girlfriends/celebrities?
        • DharmaDog, on 05/06/2008, -0/+0You're absolutely right there is a difference, but if the law is too broad then all sex by deception is criminal. I don't know how to be more clear. What happened was wrong, but it was not technically rape. It's easier to make a law about impersonating a spouse because it is easy to prove that you have a spouse and who that is. Hypotheticals regarding boyfriends, girlfriends, significant others or partners gets tricky because what is the legal definition of those? Do I think they should be covered? Yes. But I don't know how. What makes a guy someone's boyfriend rather than a friend with privileges. I'm sure we'd know it ourselves in our own situations, but how do you prove that in court? From a big picture point of view it doesn't matter, but it's the details that frequently destroy cases because certain essential elements must be proven to be present in the case in order to get a conviction on the exact charges brought.
          And impersonating a celebrity should be a crime? I'd say that unless you already know that celebrity personally that it doesn't matter and is no different than pretending to be wealthy when you're not. Star ***** be damned.
  • NachoBusiness, on 05/06/2008, -0/+17The real question is how you *prove* this. It sounds like the only evidence would be a woman saying you tricked her... that sounds very ripe for abuse.
    • s0nicfreak, on 05/06/2008, -0/+4Rape laws are ripe for abuse in the first place. If a woman claims she was "raped" in any situation, what happens?
      • eryximachus, on 05/06/2008, -1/+3Usually, evidence of violence is what turns the tables.
        • Stroggoth, on 05/06/2008, -1/+0Wait, there are tables involved? ;)
          • ShugNinx21, on 05/06/2008, -0/+1Not so much a table, more like a Lazy Susan.
      • ZeusLaughed, on 05/06/2008, -0/+3she is humiliated in a public forum and generally does not get a conviction regardless of any amount of evidence she accumulates (which for the vast majority of rape cases is nil anyway...it is by nature a witness-less, evidence-less crime)
        • s0nicfreak, on 05/06/2008, -2/+1More like the accused is publicly humiliated, and forever labeled a rapist, even if he is found innocent.
  • dorsey47, on 05/06/2008, -4/+3Sounds like a non-violent crime to me
  • reekon, on 05/06/2008, -6/+3How many men would complain if their wives arranged for them to sleep with their neighbor?
  • loualegria, on 05/06/2008, -6/+3Thats not RAPE, its just having good GAME.
  • Seth024, on 05/06/2008, -1/+14I think I remember the article that caused this a few years ago. A man pretended to be his brother to have sex with his brother's BLIND wife.
    • SteelChicken, on 05/06/2008, -8/+3blind people cant smell or hear?
      cmon, this is *****.
    • chrgrose, on 05/06/2008, -0/+6well if she was blind then that makes things more difficult obviously.
  • MrFurious2k, on 05/06/2008, -4/+1If he could just take her shopping and put up with that, we might be able to strike a bargain.
  • resipsa, on 05/06/2008, -0/+6There're valid legal reasons to go through with a proposal like this. For instance, it's battery when someone posing as a doctor gives you an injection (even a harmless one) when your consent is based on his being a proper physican. Still, this is a dangerous proposal, and I'd definitely limit it to cases like this, where someone is posing as another person to whom consent would be given.

    As an aside, I think that she has a pretty good case in civil court for battery on the same theory as I wrote of above.
  • DroppedGT, on 05/06/2008, -4/+2Hey they're 99.99999999% of the same DNA. She can't complain.
  • chrgrose, on 05/06/2008, -3/+7"You told me your boobs were REAL! RAPE!!!!"
  • Halenthal, on 05/06/2008, -1/+9I could see where this could have some good points too though. How about a male claiming rape because the 19 year old Myspace chick was actually 16? What would that make him, an accidental child molester?
    • MiDri, on 05/06/2008, -2/+4Then you're screwed, best keep your trap shut and pray that it never happend... The government does not care about the adult in the situation.
      • yacks, on 05/06/2008, -0/+2and be careful with online dating sites too. lol they don't do a good job at weeding out under 18's either.. or at the bars for that matter either..
  • MikiMac, on 05/06/2008, -1/+13lets sue the beer, and cosmetics companies, for making women seem different than they really are.
  • SuperDevil, on 05/06/2008, -1/+1No worries here, my wife has a defense mechanism against unconsensual sex or sex in general when sleeping. It's called "the Heisman".
  • karolisonline, on 05/06/2008, -4/+1it's not rape, it's real surprise sex
  • rkbabang, on 05/06/2008, -5/+2Man walks into a bar, approaches random girl: "Hey baby, I'm your husband. Do you want to f...

    A crime? I don't think so. The women should be charged with stupidity.
  • pault107, on 05/06/2008, -2/+2So, I take it this will work both ways? Your sisters twin sister slips into bed with you while you're sleepy and you end up doing the wild thang...when you realise what happened you can call the cops?
    • cxwq, on 05/06/2008, -0/+6No, that's not rape it's incest. Interesting slip there.
      • pault107, on 05/06/2008, -0/+3Oh *****, of course I meant 'Your wifes twin sister slips into bed with you". Sigmund would have a field day.
  • eryximachus, on 05/06/2008, -5/+4These kinds of laws are an insult to men and women who are violently forced to consent to sex.

    Sex is the most intimate of human activities - if you can't tell who the hell you are having sex with, you should probably be sterilized such that your defective genes are not spread throughout the general population.
    • GREEDOnvrFIRED, on 05/06/2008, -3/+3I can only imagine this boring sex that you have every time you have sex. what is it? you lay on top oh her and kiss for 5 minutes followed by 20 minutes of missionary. I have sex 99 ways and at least a few of them involve her never seeing my face or putting her hands on my body. You have no imagination. Ex: A guy tells his girl he wants to do something new. She stands up with her hands against the wall and he blindfolds her. He leaves and his roommate comes in and f**ks her from behind. Would she know? Not likely. Was a crime committed? Of course. Yet you think there was no crime AND she should be sterilized. Sterilized for being a trusting, sexual human being. you suck.
      • eryximachus, on 05/06/2008, -2/+1Not only that, I think people who use blindfolds in sexual activity should be sent to prison!

        Making a law to accommodate a freak possibility that can only result from deviant sexuality is very much symbolic of our depraved society. A normal person has little time to waste on a bodily function more akin to a sneeze than anything remotely productive.

        Enjoy your "freedom" while you have it.
        • GREEDOnvrFIRED, on 05/06/2008, -1/+2Oh, you are one of those. You should have to say so before i waste my time arguing with you.
          And for the record eryximachus believed in a healthy "balance of nobel and vulgar eros."
  • tao52nyc, on 05/06/2008, -3/+1Now let's reverse this, shall we??? Suppose I have a drop-dead gorgeous girl friend. The sex is great. She has a twin sister. The twin "stands in" for my GF one night - BY MUTUAL AGREEMENT. I have a great time, and have trouble telling the difference between them. All in all it was a fun prank on their part. Yes, it was a fraudulent act, but no "harm" was done except some possible emotional repercussions - some guys can handle that, others cannot, depending on their attitudes. But NO MAN would class that as "rape". Not one. It's a little twisted, perhaps, but I doubt any guy would call in the cops over it. Some guys, after they got over being pissed off, would probably invite the both of them in for a threesome.
    • ApeInago, on 05/06/2008, -1/+2Any unwanted sex is rape... the defining point is HOW unwanted it is.
    • ascendingPig, on 05/08/2008, -0/+0What about if she told you she was finally ready for anal sex, you're overjoyed, and then she has her twin fill in without telling you -- And her twin's a pre-op male-to-female transvestite? Would that still be a funny, sexy prank?
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