Rob Osborn-
"But what doesn't make sense is cases where a sexual predator lies his way into gaining trust with a woman just to have sex with them such as a married man yet posing as single, never been married who then uses his lies to gain trust with someone and then take advantage of them through mutual consent. I'm sorry but that isn't rape."
You're incorrect.... Using any device or manipulation to undermine a person's self determination over their reproductive organs is a sexual assault. You are confusing the definition of "assent" with "consent." The victim assented, but did not consent. Consent is not simply agreement on the face of it, it's "freely given, knowledgeable and informed agreement." There is no possible way that a person who lies to another in order to induce sex can consider the victim's "assent" as "consent." It's an oxymoron.
Not all sexual assaults can be prosecuted. A person who lies and whose victim does not have a reasonable basis upon which to believe their lie, can't be prosecuted. Also, cases that lack significant, verifiable proof can't be prosecuted. That does not mean the victim was not sexually assaulted. It simply means that the offender won't go to jail for the crime. Readers can understand this better once they read, "Combating Romance Scams, Why Lying to Get Laid Is a Crime!"
Readers should also be aware that there are degrees to every crime. Violent rape is the most heinous form of sexual assault, and therefore carries the stiffest punishment. A rape by fraud case, depending on the state criminal code,. could be a Class B misdemeanor or a low level felony. Both are crimes, but not treated as harshly as violent rape.
