i find it hard to believe that the woman did not know she was having sex with someone else....
ducktales...it was consensual...hell the brother prolly knew in advance to "test" her...and she screaming rape...BULL
“It is impossible — as a matter of fact and law — to consent to sex with the wrong person.”
Law instructor Wendy J. Murphy, objecting to a Massachusetts ruling
BOSTON | A man who allegedly tricked his brother’s girlfriend into having sex with him by impersonating his sibling cannot be convicted of rape, the state’s highest court has ruled.
The contentious decision last week affirmed 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, 44, of Westfield, Mass., because state law has for 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 sex through fraud qualify as rape, it should follow the lead of several other states and change the law, the court said.
Suliveres, who has been free since his March 2006 trial ended in a hung jury, denies impersonating his brother and maintains that the sex was consensual.
Wendy J. Murphy, who teaches at the New England School of Law and advocates for victims of violence, condemned the Thursday ruling.
“The message that the court sends today is … 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. “It is impossible — as a matter of fact and law — to consent to sex with the wrong person.”
Justice Judith A. Cowin, one of two women on the court, wrote the ruling.
The case dates to a night in January 2005. The woman was living with her boyfriend, Duane Suliveres, according to the defense brief. Alvin Suliveres was also staying at the house.
Duane Suliveres, now 33, was working night shifts. At 3 a.m., the woman later told authorities, she was awakened by the sound of the door opening to the dark room and said, “Duane, why are you home so early?” but heard no response.
Then, she said, someone she thought was her boyfriend got into bed and had sex with her.
He got up and she saw that it was Alvin Suliveres, she told authorities
http://www.kansascity.com/136/story/105899.html
thoughts?
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Court: Boston Man who tricked brothers girlfriend into having sex, did not rape her
White people.
