Seems like an over abundance of swamp water drowns out the need to protect victims in Louisiana. The Bayou State has several statutes on rape, but none measure up on rape by fraud! There is aggravated rape, forcible rape, and simple rape. The construct that comes closest to rape by fraud, in Louisiana’s negligent criminal code, is simple rape, 43(a)(1).
In statute 43(a)(1), one example of simple rape is defined as sexual intercourse without the lawful consent of the victim when the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim’s incapacity.
The argument that could support a rape by fraud claim under this statute is that the victim was as unaware of the nature of the act as an intoxicated or drugged victim would be. Their consent, in any of the related cases, would not be freely given and knowing consent, because the offender duped them, (any cause,) into the act, and knew they were doing so at the time.
The ambiguity of this law could be cleared up by simply inserting the words “or duplicity” after “intoxicating agent.”
Protecting Wives Against Rape by Fraud
Louisiana’s statutes do contain one specific act of rape by fraud; (in the inducement,) that of impersonating the husband of the victim.
By having implemented this law, Louisiana clearly shows that the use of fraud in seduction breaches knowing consent, but reserves their remedy solely for married women. This concept comes from the notion that a wife is a husband’s property. Defiling her is punishable because it is an offense against the husband. Unmarried women, therefore, are unprotected. Idaho case tested the practice for single women If a man posed as a boyfriend or fiancee, the charge would not apply. In a 2011 case in Idaho, against Zachary McGraw, the case was in fact dismissed because the victim was unmarried. The Judge on the case, the Hon. Cheri Copsey, found the disparity in the law “despicable”, but never-the-less, it still stands in Idaho and Louisiana. (Refer to pg. 184 of Carnal Abuse by Deceit.)
§43.3 When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
Louisiana’s statute on fraud as it relates to Theft, is crystal clear!
Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations.
The degrees of damage under this statute vary according to the monetary value of the loss. It appears that losing your most precious asset, your sexual sanctity, does not measure up to consideration since it has no quantifiable monetary value. Take a man’s money, off to jail you go. Defile a woman, (or anybody for that matter,) no problem!
One thought on “LOUISIANA- Weak Code for Rape by Fraud Down on the Bayou!”
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