i’ve recently seen MRAs talking about “rape by deception” and how they’re sooo afraid some woman will accuse them of rape because they’ve lied about some minor detail, such as employment, past relationships or wealth. so here’s some clarification (at least in my country) regarding the legal meanings of “rape by deception” or “rape under false premises”
rape is non-consenting sex. the possibility of “rape by deception” arises within the definition of “consent”. consent is not given where the person is under a mistaken belief regarding the other persons identity AND the other person is aware of this mistaken belief. in other states, often the phrasing regards a mistake regarding the “nature of the sex” rather than identity.
now, if you dye your hair blonde and tell people you’re a natural blonde, that is not rape by deception, as it is not to do with your identity - in other states, your hair colour does not have to do with the nature of the sex you have. your job also doesn’t fundamentally alter your identity, and is not relevant to the nature of the sex.
however, someone’s sex is obviously a part of their identity, and whether you have sex with a man or a woman is pretty core to the nature of the sex. lying about your sex is rape by deception.
unfortunately i have no idea how to navigate american legislation, but i assume the definitions would be relatively similar
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