The Riddle of Rape - by - Deception and the Myth of Sexual Autonomy says that «
rape by deception is almost universally rejected in American criminal law.»
There is pretty much no plausible scenario in which concealing a transgender identity leads to liability for fraud of any kind and this never constitutes
rape by deception.
There is the concept of
rape by deception, which might apply here.
On Wednesday, I wrote here about a Jerusalem man convicted this week on charges of «
rape by deception» (or «sex - by - trick» as Above the Law put it) after falsely «presenting himself as a Jewish bachelor looking for a serious romantic relationship.»
Not exact matches
Under s76 of the Sexual Offences Act 2006, it is possible to commit
rape by gaining consent through
deception.
I've spoken to a Metropolitan Police Officer who said that, while consent
by deception is
rape, the prosecutor would have a flimsy case in these circumstances.
And I spoke to a lawyer who said, consent
by deception is
rape, there is no getting around it.