Rape By Deception

ProfMTH explores legal definitions that define sex acquired through fraud as rape:

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I have argued before, formally speaking, deception is a kind of force. Laws which treat procurement of sex through fraud as a form of rape seem to stem from similar considerations of the relationship between at least certain forms of deliberate deceit and violence. Should they?

Your Thoughts?

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About Daniel Fincke

Dr. Daniel Fincke  has his PhD in philosophy from Fordham University and spent 11 years teaching in college classrooms. He wrote his dissertation on Ethics and the philosophy of Friedrich Nietzsche. On Camels With Hammers, the careful philosophy blog he writes for a popular audience, Dan argues for atheism and develops a humanistic ethical theory he calls “Empowerment Ethics”. Dan also teaches affordable, non-matriculated, video-conferencing philosophy classes on ethics, Nietzsche, historical philosophy, and philosophy for atheists that anyone around the world can sign up for. (You can learn more about Dan’s online classes here.) Dan is an APPA  (American Philosophical Practitioners Association) certified philosophical counselor who offers philosophical advice services to help people work through the philosophical aspects of their practical problems or to work out their views on philosophical issues. (You can read examples of Dan’s advice here.) Through his blogging, his online teaching, and his philosophical advice services each, Dan specializes in helping people who have recently left a religious tradition work out their constructive answers to questions of ethics, metaphysics, the meaning of life, etc. as part of their process of radical worldview change.

  • http://asystemofrandomtangents.wordpress.com/ Anna Johnstone

    The every [civilised] Nation’s laws should be protecting the vulnerable. Just because some are gullible enough to get conned, does not mean the perpetrators should go unpunished and when the trespass is sexual then it is all the more important.

  • KM

    Courtship behavior is a common and “normal” pattern in the animal kingdom, which by the way includes humans.
    This includes hiding and also lying.

    If a law such as the one above would be followed strictly, then every person could/should be considered a rapist.

    Where should we draw the line?
    Basically i think the line should be drawn where consent is missing and force is applied.

  • http://before-i-sleep.com Dark Horse

    Rape by fraud or trick is none the less rape … sexual penetration without consent, or in this case, consent that would not have been given if the truth had been known.

    Recently a Jewish woman won a case of rape by fraud when an Arab, who professed to be an Israeli, had sex with her. She contended that she would not have consented if she had known the man wasn’t an Israeli.

    As someone said, the laws are intended to protect the innocent and gullible.