shg said on October 03, 2011  

NY law was changed because of the decision in People v. Marty Evans.

http://lawschool.courtroomview.com/acf_cases/8701-people-v-evans

The defendant, Marty "The Snowman" Evans, was represented by my old partner, Howie Meyer.

 Ken Lammers said on October 04, 2011  

I saw the Evans case previously, but did not realize it was the reason the law had changed. In fact, I'm not exactly sure how it has. Where do you see the line drawn in actual cases?

 Bill Poser said on October 11, 2011  

The Israeli case in question actually involved forcible rape. The charge was reduced in order to spare the victim from the trauma of testifying. See: http://www.mideastyouth.com/2010/09/05/israel-rape-by-deception-turns-out-to-be-brutal-rape-of-a-vulnerable-and-abused-woman/

 Emily in Wonderland said on February 25, 2012  

I REALLY wish I could find more about this. I had been wishing some time ago that there was such a thing as rape by fraud, but could find no such thing. I saw an old episode of Ally McBeal on it from the 90's and started digging again and have been reading the penal code ever since.

But it's still not really clear to me WHAT rape by fraud IS. Is it limited to someone who manipulates their position, or someone who impersonates ONLY as the victim's spouse? Or can it be expanded beyond that? Some articles I have read had asked the same questions I am asking but none seem to answer it.

If someone lies completely and totally about their identity: name, background, marital status, parental status, job, and life story, for the purpose of coercing someone into intercourse... Is that rape by fraud? Or is the CPC definition too narrow?

I should have stayed in school longer.

 Anonymous said on February 27, 2012  

I was vicitimized by such a predator. He lied about his age, religion, marital status, education, military service.... everything. I didn't know for 4 years.

I married him and have a son. I struggled for many years with the aftermath of the problems he caused me, not knowing it was a form of rape. I only began to understand it as such through recent therapy. I can't begin to explain how horrilby defiled I feel.

Making matters worse, he abandoned his child. He had kidnapped my step children and left the country (the day after he impregnated me,)which put the fear of God in me that he could do so with my son if I opposed him. He was originally from Argentina, where laws are based on chattel. For that reason, it took 17 years to divorce him.

I struggled to support my child unaided. When my son grew up, he found his mega-wealthy father, who began feeding him money. My son had emotional issues resulting from abandonment and his father convinced him it was all my fault, I wanted to be a victim.

So on top of the nightmare of rape and the decimation of my finances, he has alienated the son I cherish. Three years ago, he told me he hates me and never wants to see me again. I'm tormented and can barely function.

Please let me know if there is any law in NY State, or any attorney, who can help me.