Is sex by deception a form of rape?

Ms. Short says there is a clear distinction between consent and assent. “Consent means ‘freely given, knowledgeable and informed agreement.’ Assent means ‘agreement on the face of it.’ So, when someone tells you a lie, you can be agreeing on the face of it but you’re not knowledgeable or informed. You can assent and agree, but that doesn’t mean you’re consenting.”

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In Missouri, for example, “Assent does not constitute consent if it is induced by force, duress or deception.” In Tennessee, it’s considered rape if there’s “sexual penetration … accomplished by fraud.” In Alabama, it’s a misdemeanor, classified as “sexual misconduct,” if consent was obtained by the use of any fraud or artifice.

In some states — but not Indiana — it’s considered rape by deception if you impersonate a spouse or partner. The same is true for those who abuse medical privilege, like Larry Nassar, the doctor for the American women’s gymnastics team, who had told his patients that touching their genitals was medically necessary. He was sentenced to 40 to 175 years in prison.

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