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Shady Sex Leads To Supreme Court Ruling
Topic Started: May 14 2007, 08:40 PM (195 Views)
Mock
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Mock
Thursday, May 10, 2007
State high court upholds law that says sex obtained fraudulently is not rape

By Jonathan Saltzman, Globe Staff

A Hampden County man who allegedly tricked his brother's girlfriend into having sex with him by impersonating his sibling in the middle of the night cannot be convicted of rape, the state's highest court ruled yesterday in a controversial ruling that affirms the court's long-held view that sex obtained through fraud is no crime.

The Supreme Judicial Court unanimously ruled that a judge should have dismissed the rape charge against Alvin Suliveres, of Westfield, because Massachusetts law has for two centuries defined rape as sexual intercourse by force and against one's will and that it is not rape when consent is obtained through fraud.

If the Legislature wants to make fraud an element of rape, it should follow the lead of several other states and change the law, the court said. Lawmakers have taken no steps to do so, the court added, since the SJC issued a seminal ruling in 1959 about the use of trickery to obtain sex.

Brownlow M. Speer, a state public defender who represented Suliveres in the challenge, said the decision was "absolutely impeccable" in its reasoning. His client, who works for a company that makes wooden pallets and has been free since his trial in March 2006, ended in a hung jury, denies that he impersonated his brother and insists that the sex was consensual.

But Wendy Murphy, a former Middlesex County prosecutor who teaches at the New England School of Law and advocates for victims of violence, condemned the ruling as regressive and steeped in antiquated views about sex.

"The message that the court sends today is, in essence, that a man's ability to obtain sex through fraud with regard to who he is is more important than a woman's fundamental right to control her own body," said Murphy. She added, "It is impossible -- as a matter of fact and law -- to consent to sex with the wrong person."

The ruling was written by Justice Judith A. Cowin, one of two women on the court.

The unusual case dates to a night in January 2005. The woman had been living with her boyfriend, Duane Suliveres, for several years in a furnished room in the basement of his father's home, according to the defense brief. His brother, Alvin, had been staying in another room for several months.

The incident happened when Duane was working the night shift at an envelope manufacturer in Westfield, the brief said. At 3 a.m., the woman later told authorities, she was awakened by the sound of the door opening in the dark room and said, "Duane, why are you home so early?" but heard no response. Then, she said, she felt someone who she thought was her boyfriend get into bed, remove her clothes, and climb on top of her. They had sex for about 10 minutes, she told police.

After he got up, he opened the door and she saw in the light from the hallway that it was Alvin Suliveres, she told authorities. She contacted the police shortly afterward.
Posted by the Boston Globe City & Region Desk at 03:08 PM

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ConfusedMonkey
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Satan Valid
I suppose although it's not 'technically' rape, these cases should be considered individually. This I actually find disgusting - whereas the teacher and the pilot with the vaginal cream is a joke.

Do you agree that there's a crime here?
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Evil_Henry
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I personally think this is rape. I was considering it for a while as potentially sexual assault with the maximum sentence, but I'm certain this is rape now.

It's a revolting scenario regardless.
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ThePlague
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It depends on how you define rape. In this case, the definition of rape required the use of force. There clearly was no force involved, and thus it wasn't rape.

How would you define rape such that this was one? It would have to make some mention of fraud or trickery, obviously, but that seems to open up a can of worms involving knowing the internal state of a partner's mind to an unreasonable degree. We see some inkling of it in this case. It is very possible that the brother thought the woman knew it was him. He claimed as much and it's not like he wore a mask or showed fake ID. So, even if you craft a definition of rape that includes fraud or trickery, it's still not obvious that this was one.

Don't get me wrong, the guy is scum for a laundry list of reasons. A rapist? I'm not so sure.
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Evil_Henry
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It certainly doesn't fit the standard definition of sex against someone's will - but what law does cover it?

Can it even be defined as sexual assault?

Tricky case this one - I wonder what Ergo makes of it.
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ConfusedMonkey
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Mind you - the room would have to have been completely devoid of light. Most rooms aren't pitch black. And even then... it must have been no-kissing, no-foreplay, hands by her sides and let him get on with it. :blink:
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Evil_Henry
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Why? I don't imagine they're identical twins or anything - but can't you have hot passionate sex only to find out later, in the light of a cigarette and an orgasm hue, that you've been raped? :D
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ConfusedMonkey
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Lol - imagine that. Someone comes into the bedroom... wakes me up for sex... I eventually open my eyes and realise...

It's Moron Boy! :vomit:
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Evil_Henry
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There's no way Moron Boy could even get into bed without you realising it wasn't me.

He has the grace of a tin of beans.
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ConfusedMonkey
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You can be a little less graceful than usual when you've been drinking, dear. :P
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Evil_Henry
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Have a look at this one, Ergo, while you're here.
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