The idea of “rape by fraud” (having sex with someone who believes you to be someone else - they’re consenting to sex with the other person, not you) is a topic that’s come up on this board a bit in the past.
I just read a very good in-depth article about it in Buzzfeed, and how it’s actually legal to have sex with someone in this manner in most states.
The case described in the article seems, to me, to be a clear-cut case of rape where the rapist was let off via a legal loophole. The woman was in her boyfriend’s bed, she woke up to find herself being fondled by a man whom she believed to be her boyfriend, she initiated intercourse (with her back to him), it was only later that she realized the man was NOT her boyfriend but his roommate. She reported it to the police, he admitted to having sex with her knowing that she believed him to be her boyfriend. He was acquitted.
Another case they discuss in the story involves a woman who met a man who told her many lies about his life, including that he was single. She got pregnant by this man and had an abortion, at which time he told her the truth, including that he was married. The woman felt extremely violated and feels that what he did was sexual assault. Now, the woman (Joyce Short) is a leading advocate against rape by fraud.
But, is what happened to both of these women the same thing? Short would say yes but many would say no. I think it all comes down to legally defining “consent.”
Anyway, I think many of you will find it an interesting read, since, like I said, it’s been a hot-button topic on the SDMB over the years.