criminal-law texas rape online
Is it rape if someone goes by a pseudonym and gave fake facts about themselves?
<p>Let’s say Person A, an adult male, meets Person B, an adult female online. They develop a close relationship and talk on the phone on numerous occasions, but never meet in person. Finally Person B blocks Person A and ceases all communications with him.</p>

<p>Some months later, Person A befriends Person B on the same online service, but with a different persona. Person B does not know that the new account is really Person A, but rather, believes they are someone completely different.</p>

<p>Over time the new relationship grows in a similar way that the original one did. Eventually the two arrange to meet in person, and they have consensual sex. </p>

<p>Person A secretly records the sexual encounter in order to capture the fact that the sex was consensual but does not reveal that recording to Person B.</p>

<p>Several weeks to a month later Person A reveals to Person B that he is in fact the original person. Person B gets extremely angry and accuses Person A of rape.</p>

<p>Is that a crime?</p>

<p>In Texas, sex offenses are defined in Texas Penal Code § 21.01, et seq., and rape and kindred offenses are defined as sexual assault § 22.011 and aggravated sexual assault § 22.021.</p>

<p>None of those laws prohibit the conduct described (assuming adults who are not in a teacher-student relationship with full mental capacity), nor do they prohibit the video as long as there is no intent or threat to disclose it.</p>

<p>Of course, not recognizing that it is the same person both times in an in person meeting when they have sex is highly implausible.</p>

<p>UK based answer - I know your question refers to texas, but for posterity:</p>

<p>Under s76 of the Sexual Offences Act 2006, it is possible to commit rape by gaining consent through deception.</p>

<p>S76(a) (i) refers to deceiving someone as to the "nature and purpose" of the sexual act. This is probably very unlikely but it is akin to having sex with someone by telling them that its some medical procedure or something. Not relevant here. </p>

<p>S76(a) (ii) is when "the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant."</p>

<p>The relevant case (I forgot the citation but its a key case) concerns a man who was invited over to a couples house, and snuck into the wife's room and had sex with her in the darkness. She didnt resist because she assumed it was just her husband. The man was found guilty of rape because the concent was gained through deception. </p>

<p>Now this question becomes very interesting. The man pretended to be someone the victim knew, and gained her consent because she thought he was someone else.</p>

<p>To what extent does having an online relationship with someone count as "personally knowing?" I would think that to personally know someone you'd have to see them at least once, <em>in person</em>. But maybe a court would think otherwise. Having an online relationship for a year, I can see the merits of an argument saying that it is sufficient for the purposes of "personally knowing someone"</p>

<p>However even if such an argument prevailed in court, the fact that person A and B are one and the same probably trumps any argument. There was no actual impersonation involved.</p>

<p>So the answer is no. Its not rape</p>

<p>But really interesting question. </p>
