Using false personation to obtain a seaport security ID can get you a five year stint in Florida State Prison. The Sunshine State’s statute
s 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.
Please contact me asap. There are 3 of us in central east Florida. All with same man. And married. It gets better. Police are treating this as a civil matter, I keep saying fraud. Took a computer I bought with all my info and started hacking into accounts. CIVIL? I attempted A TRO. NOTHING!
Z. Please send your phone number to my email address and I’ll call you this evening… StopRomanceScams@yahoo.com.
Joyce
I’ll be calling you tomorrow.
zsevage2017@gmail.co please, contact me asap. We are 3. One man who was married who used 4 of us in one year. We are in central east coast Florida. As it is… The police will not take it seriously. As 3, I think attitudes will change. The guy is still blatantly out there doing it again.
In Florida I contacted my local attorney general’s office. They informed me, as a victim advocate, that fraud under Florida Statutes only applies if someone is defrauded from personal property, goods or services. Florida Statutes do not recognize a person’s physical body as their own personal property. This is the loophole. Therefore there is no such thing as rape by fraud that can be prosecuted under current criminal law. You could prosecute for any personal property you lost in the relationship that was based on fraud, but you could not sue for rape under criminal code. You could file suit in civil court for damages done by rape by fraud if there was physical harm done such as sexually transmitted infections. They did say that if a victim tried to sue for being defrauded fir anything ither thsn oersonsl property, it would have to be for services . . . which would make the victim a prostitute in the eyes of the law and make the victim a criminal. So there is nothing in Florida’s Penal Code to prosecute rape by fraud until the law is amended.
RedBirdFlies-
What they told you was absolutely correct. And since you live in the state of Florida, you could bring this to the attention of your Legislators and make a difference.
There is currently a case of an internet hoax which is in court. The man lied on his dating profile and embroiled the woman in a romantic scam that cost her approximately $16,000.00. She was astute and prevented him from stripping her of the additional $65,000.00 he tried to grab.
There is yet another rape by fraud survivor who lives in your state that was badly victimized. The three of you would make an awesome force to fight this battle. Could you please tell me where in Florida you’re located?
If you’d like to join forces to get a law introduced, please complete the contact form on the home page or the one on the 50 Brave Women page. The information on those forms comes to me directly. It cannot be read by anyone on this blog.
Thanks!
Joyce