Rape Or Just Stupid ?

[EDDIE51]

There is a story in the Times today about a 68 year old man who is accused of rape on a 24 year old woman.
The story is that the man put photos of a 29 year old male model online to lure women for sex. It was to be on his terms that the woman did not see him before having sex with him.(apparently a reconstruction of a plot in '50 shades')
A woman agreed to this and by agreement let herself into his flat by an unlocked door. She then undressed in his bathroom and put on a blindfold. Then she went to the bedroom where he was waiting and they had sex. She accused him of rape when she took off the blindfold and saw what he really looked like.
The case is in France and is going to court, do we think this is rape ?

[horseshoes]

I think I'd have just gone to Trading Standards! Rape - no. Stupid - very!

[shoota]

Woof - these circumstances may well fit the, now redundant, criteria of obtaining services by deception and it's replacement, Fraud by False Representation if the prosecution can convince the court that the woman was providing a 'service'. As she was not participating for monetary gain I'm not sure it would be classed as a 'service'.

You can never find a Barmaid when you want one.... ;-)

Fraud by false representation (Section 2)

The defendant:
made a false representation
dishonestly
knowing that the representation was or might be untrue or misleading
with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.

The offence is entirely focused on the conduct of the defendant.

[woofgang]

So are barter exchanges not covered by law then shoota? because certainly what you quote about the defendant's actions seem to fit the circumstances here?

[shoota]

I'm afraid I've been out of it for too long to reliably answer that Woof.

[woofgang]

It interesting though......

[shoota]

Technically, it is a rape.
Whether getting nookie by lying is also fraud is beyond my ken - the problem with law is it keeps changing and since I retired I have completely lost touch.