ironpony wrote:
But people lie to each other all the time to get into each others pants, and no one is prosecuted for it though. Why is that, then, when it comes to rape by deception?
For example, a few years ago, I slept with a woman, and then later found out she had a boyfriend, and didn't tell me about it because she wanted to cheat.
Should I go to the police and report her for having raped me, by deception then, or was I raped therefore? I'm not meaning to come off as sarcastic or rhetorical, I am legitimateley asking if I was.
Gayle Newland was a test case in the UK for the threshold for rape by deception. What she done was extreme to say the least. Also lying about using a condom is another one of those borderline cases. I know you live in Canada but it's a similar legal system.
People can and are often well in their rights to tell lies to get people into bed. Like I mentioned above, you can lie about not having autism if you feel disclosing it will make you vulnerable to bigotry or harmful and incorrect stereotyping and nobody on earth can claim rape by deception in such circumstances. Bullshitting about stuff like that is actually a cornerstone of human rights in western nations. If lying about not having autism gets someone into bed, then good on them.
Basically, was the deception harmful to someone's dignity or health? If not then they have no claim.
As for the scenario you described, you were not raped. She got you into bed fair and square. Now if she lied about having HIV or something that would be different but even then it's often a case of GBH in the UK and not rape.
The deception needs to be deeply immoral and/or massive in scale and premeditation.