Originally posted by vivify
There's an 80's comedy that was popular at the time called "Revenge of the Nerds", where geeky students get revenge on their bullies.
Near the end, there's a scene where one of the nerds dresses up in a Darth Vader costume, and pretends to be the boyfriend (who is also one of the bullies) of a girl he likes. She has sex with him while the nerd's mask is s ...[text shortened]... be some type of crime here (hopefully some law experts here can help me out). But...is it rape?
Whether that act met the then legal definition of rape depends upon its time and jurisdiction.
There might have been no law against rape by deception in that time and place.
At that time (1984), some US states had no laws against rape in marriage, so it was
not illegal there for a man to force his wife to submit to sexual intercourse with him.
And if one wishes to go back further, one can find many cases of acts that would be
regarded as rape today but were not regarded as rape then. For example, the Bible
has passages apparently approving of men raping women conquered in war.
"In 2008, it was reported that a Massachusetts woman, Marissa Lee-Fuentes,
unknowingly had sex with her boyfriend's brother in the dark basement that she was
sleeping in. He could not be prosecuted because Massachusetts law requires that rape
include the use of force. Massachusetts State House Representative Peter
Koutoujian crafted rape-by-fraud legislation in response, but it did not pass because
legislators found the law to be too broad.
In Norwalk, California, on February 20, 2009, Julio Morales snuck into a sleeping 18-year-old woman's
darkened bedroom after he saw her boyfriend leave. The woman said she awoke to the sensation
of someone having sex with her and assumed it was her boyfriend. When a ray of light
hit Morales's face, and the woman saw he was not her boyfriend, she fought back and
Morales fled. The woman called her boyfriend, who then called the police. Julio Morales
was convicted of rape under two concepts. He was guilty of rape because he began
having sex with the woman while she was still asleep and, therefore, unable to consent.
He was also guilty of rape-by-fraud because he had impersonated the woman's boyfriend
in order to gain her consent. However, an appellate court ruled that the lower court had misread
the 1872 law criminalizing rape-by-fraud. The law stated a man is guilty of rape-by-fraud
if he impersonates a woman's husband in order to get her consent. The woman in this case
was not married, and Morales had impersonated her boyfriend, not her husband. Because of
this one technicality, the appellate court overturned Julio Morales's rape-by-trickery conviction
in People vs. Morales in 2013."