Criminal Law

Rape by Fraud

Rape can be committed by fraud in the factum, however this is very rare. The more common type of fraud, fraud in the inducement is generally not rape.

Fraud in the Factum

Fraud in the factum means that one deceives another about the nature of the transaction itself. The victim agrees to something, but does not actually understand what they are doing.

An example of fraud in the factum rape is when a victim consents to examination by a doctor, but the doctor engaged in sexual intercourse with the victim instead.

Fraud in the Inducement

Fraud in the inducement means that one deceives another in order to convince the other to do something.

Basically any time someone agrees to have sex with another, they have consented to sex so it cannot be rape. Some jurisdictions have criminalized specific situations however, such as impersonating someone's spouse, such as at night in a dark bedroom.