Assuming Twin 1 was able to fool her so completly that she thought he was Twin 2, who she knew and trusted, could he (Twin 1) be charged with rape? Assume that he did it to hurt Twin 2 and was fully aware of her relationship with Twin 2.
Of course it’s rape. The woman didn’t consent to have sex with the “other” twin.
I’m not a lawyer, judge or a member of law enforcement, but I believe most people would say, that if someone got tricked into having sex with them, then yes that would be rape, once they were forund out.
Now the procedure for the trickery might be sophisticated or coincidental, and it might at the time be the warmest, lovingest, hottest sex ever – but that doesn’t really change the crime, now does it?
So if a guy meets a girl in a bar and tells her that he’s the CEO of a major company when he’s just a janitor, that’s rape?
As long as the guys don’t do something like have one twin run out of the room and the second run in, then the woman most certainly consented to sex with the other twin. She may think that he’s his brother, she may think that he’s the king of Sweden, but making sex under false pretenses a felony is absurd. It also doesn’t address what happens if Twin 2 doesn’t pretend to be anybody else, but gets mistaken anyways.
Check out this article:
It is the scenario you have outlined. Worse, the rapist was a police man.
I’m not saying you’re wrong, but just 'cause I like to argue :D, I think you could say it is not rape.
I mean suppose I misrepresented myself as a millionaire and the girl sleeps with me and I say “Ha ha, I’m poor.” She didn’t consent to sleeping with a poor person either.
It’s not quite the same thing, but in both cases it’s misrepresentation. I think rape needs to have an element of force to it, either with physical violence or drugging or such.
You could say suppose the woman was blind, and her boyfriend played a joke on her and was in the room and talking to her and then they have sex, and he steps back and lets his friend have sex with her. (OK so the friend would have to be quiet during sex.)
I mean there are lots of ways to rearrange the OP’s question to fit a “what if” kind of deal.
I don’t think misrepesentation is a clear cut case
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I would think there would be a difference between misrepresenting your line of work and specifically misrepresenting yourself as a specific individual.
That said, I have a hard time believing there are twins that identical. It sounds like Penthouse Forum stuff to me.
Much of the difference between identical twins is intentional: They’ll deliberately dress in different styles, or wear their hair differently, or the like, so as to not be confused for each other. But that wouldn’t help much if one is deliberately impersonating the other.
Even if it’s not rape, could it be considered sexual assault?
Having just read the rape statute, Ohio Revised Code 2907.02, I’d say it’s unfortunately not rape in Ohio. Deception is only specifically prohibited if the rapist “administer[ed] surreptitiously or by force, threat of force, or deception” “any drug, intoxicant, or controlled substance to the [the victim].” Emphasis added. A scummy move by the rapist, obviously, but not rape.
The principle in English common law is that it’s rape if there is deception as to your identity, but not as to your characteristics. So the twin who pretended to be his brother would be guilty of rape; the janitor who pretended to be a millionaire wouldn’t.
…but it could certainly be sexual battery, a third-degree felony punishable by one to five years in prison:
**R.C. 2907.03. Sexual battery. **
(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:
(1) The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution.
(2) The offender knows that the other person’s ability to appraise the nature of or control the other person’s own conduct is substantially impaired.
(3) The offender knows that the other person submits because the other person is unaware that the act is being committed…
Its probably sexual assault in most jurisdictions. Essentially, this is the lights out problem. Say Joe secudes a girl and brings her home to have sex. He shuts off the lights, then says he needs to go to the bathroom, and he then sets his pal to have sex with her in the dark.
She didnt consent to have sex with the pal, but with Joe.
Do identical twin males have identically long dicks?
I’m not being snarky or facetious, I really want to know.
ok, another variant. Girlfriend of Joe runs into John at a family picnic. She whispers to him to meet her in the laundry room in 5 minutes. John complies and after the spin cycle asks, “Why’d you cheat on Joe?” Her reaction indicates that she didn’t realize that she was permanent pressing the wrong brother.
No deception, but there is mistaken identity. Rape or is it a wash?
This was established in the case Uther Pendragon v. Lady Igraine.
I’m dating a twin now and am dying to know as well. But he’s not saying! (actually he says he doesn’t know) I need to find out if size is “nature” or “nuture”. I’ll let the SDMB know if I ever find out… 
There is a difference; the girl figured out it was the wrong guy and “…she got out of bed and tried to leave, but [he] grabbed her arms and threw her on the bed, where she continued to cry, and he continued to rape her, the warrant states.” At this point this was clearly rape no matter the identity issue.
He was also charged with “criminal impersonation” but it is unclear from the article whether having sex while impersonating someone else per se without the assault would have constituted rape.
I don’t think that applies either. IANAL, but:
(1) to me looks like force, or threats–there’s nothing in the hypothetical that would stop an ordinary person from resisting.
(2) I would envision as drugs or alcohol–but here, the woman is in full control of her conduct.
(3) Again, from the OP, she understands perfectly well what is going on–just not who it’s with.
You left out (4), which to me seems more relevant:
That seems to say that a mistake about who the other person is only counts if (in the OP’s example) the woman has a spouse, thinks she’s sleeping with her spouse, and the man knows that’s why she’s consenting.
No spouse, it doesn’t apply. I might go further to say that if that section tells us when a mistake about the partner’s identity amounts to sexual assault, it doesn’t in other situations–such as that in the OP.