Using false personation to obtain a seaport security ID can get you a five year stint in Florida State Prison. The Sunshine State’s statutes on fraudulent practices is so huge, it’s divided into four separate parts. Making false statements to merchants, on real estate transactions, and in communications are just a few of the many defrauding acts that are covered.
Florida identifies the following as their legislative intent regarding using communications systems to carry out false personation:
Schemes to defraud have proliferated in the US in recent years and many operators of schemes to defraud use communications technology to solicit victims and thereby conceal their identities and overcome a victim’s normal resistance to sales pressure by delivering a personalized sales message.
Hmmm…. sounds just like what happens on e-dating sites, but it’s directed at advertisers who are selling products, not at sexual predators trolling for new victims. Seems false advertisements about hair products are far more important in Florida than defrauding you to undermine your sexual sanctity!
Florida identifies what most states call rape or sexual assault as sexual battery. One of the most important determinations in all such cases is the concept of consent. Their definition of consent is contained in 794.011 (a):
“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission.
According to this definition, a rape by fraud victim should be able to press charges based on the fact that their consent was neither intelligent nor knowing. Other positive signs for the possibility of a rape by fraud charge are conveyed by the following:
794.011 (c): “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.
So, how about lying? Doesn’t that qualify as “any other act” committed without his or her consent? Sure should be!
Other than the ambiguous language quoted, there is no specific law in Florida’s statutes that prohibits rape by fraud: neither in the factum, nor in the inducement. But the literal interpretation of their language supports a victim bringing a case to the authorities, and if they fail to act, turning to their legislators to enact such a law.