As far back as 1865, rape by fraud was recognized as a heinous act in the state of Michigan. In People vs. Croswald the high court upheld the defendant’s conviction for rape by fraud and stated “the outrage upon the woman is just as great in these cases as if actual force had been employed.”
Law Professor Susan Estrich staunchly advocated for rape laws to prohibit the same deceptions as a state’s laws of false pretenses or fraud. In all states, adult impersonation qualifies as a material fraud.
Professor Estrich authored Real Rape, the first meaningful book to shed light on rape by fraud, is a noted political commentator for Fox News, the 1988 National Campaign Manager Dukakis-Bentsen, and the first female President of the Harvard Law Review,
- Alabama- Sexual Misconduct when consent is obtained by any fraud or artifice
- Arizona- Fraud in the factum (nature of the act)
- California Fraud in the factum (nature of the act)
- Hawaii- Penalizes intercourse induced by deception, accomplished by fraud and obtained by ruse. Abolished distinction between fraud in the factum and fraud in the inducement.
- Idaho Fraud in the factum (nature of the act)
- Michigan Penalizes intercourse obtained by concealment
- Nebraska Fraud in the factum (nature of the act). Penalizes intercourse obtained by deception as to the identity of the actor such as a person who poses as a fiance, husband or lover.
- Nevada Supreme Court ruling, McNair vs. State- Sexual assault language is sufficiently broad and explicit to encompass conduct occurring as a result of fraud & deceit.
- New Jersey Penalizes Fraud in the factum (nature of the act.) An overhaul of their criminal code eliminated the term "rape" in 2012. Currently, the terms "Sexual Assault" and "Sexual Contact" supplant "rape." Additional language states that affirmative permission to the specific act of sexual penetration or contact must be perceived as such by a reasonable person. (The Criminal Law Digest of the State of NJ.) Watch for breaking updates for this state regarding the arrest of William Allen Jordan, a convicted sexual molester and bigamist. Additionally, victims of "sexual assault" in this state are entitled to a restraining order against the offender based on "Nicole's Law."
- Rhode Island Prohibits intercourse obtained by concealment
- Tennessee Prohibits intercourse induced by deception, accomplished by fraud and obtained by ruse. Abolished distinction between fraud in the factum and fraud in the inducement. A child who is a victim of statutory rape can be considered an accomplice in their own rape, nullifying the statutory rape charge against the accused.
- Utah Penalizes intercourse obtained by concealment
- Virginia Prohibits intercourse induced by deception, accomplished by fraud and obtained by ruse.