Fraud is a completely different matter.
Fraud is a completely different matter.
I smoke cigarettes. I dated someone for a while who didn't want to date/be intimate with a smoker. We had enthusiastic sex for a couple months.
Was I raping her because I lied to her? It's clear that she liked me and wanted to have sexual contact with me.
However, she didn't want to be in a relationship with a cigarette smoker. I never smoked around her. I tried hard to eliminate any odors, ash or other byproducts of smoking when she was around -- not to perpetuate the lie, but to make her feel comfortable and desired.
So I'll ask again, did I repeatedly rape this woman?
The fact that the information turned out to be false doesn't invalidate the consent they gave. It's just turns out that consent was acquired via fraud.
Consent cannot be retroactively revoked.
To give an analogy, if I consented to buy a car that advertised 40 mpg but it turns out that it only makes 37 mpg does that mean I was robbed and that I did not consent to buy the car?
No, it means I consented to buy a car that fraudulently misstated its fuel efficiency claims. There should be punishment for such fraudulent claims, but it should not be equated to robbery.
Consent is something you give (regardless of information is factually correct or not).
There should be punishment for consent acquired through fraud, but it is not equivalent to acquiring something without consent.