Yes. Rape is sexual activity without consent. If you consent to one sexual activity (sex with Joe) and you are tricked into engaging in another sexual activity to which you did not consent (sex with Bob), then that is rape. In this specific instance, Rape by Fraud or Rape by Deception, depending on the jurisdiction.
Laws governing it are still a little shaky; this one just doesn't come up very often. In real life, body swapping and evil duplicates are somewhat scarce. However, identical twins and siblings who are not identical but close enough to pass in dim light occasionally do occur. So for a case like this to happen and end up in court, you need to have a situation where someone looks/sounds enough like someone else to fool the victim, is enough of an evil asshole to take advantage of that fact, but somehow have the victim realize during or after that it was someone else.
It HAS happened from time to time; unfortunately, the law often wasn't ready to deal with that kind of situation (archaic rape laws requiring use of force as part of the definition, say) and the guy walked.
This. This is why I dislike that one episode of Friends where Phoebe starts dating her twin sister Ursula's ex, and when Phoebe's at work Ursula comes to his apartment, pretends to be Phoebe, and sleeps with him in order to ruin their relationship before it can start. There's so much wrong with it there, and so much more wrong here.
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no subject
Date: 2012-12-29 02:32 am (UTC)Laws governing it are still a little shaky; this one just doesn't come up very often. In real life, body swapping and evil duplicates are somewhat scarce. However, identical twins and siblings who are not identical but close enough to pass in dim light occasionally do occur. So for a case like this to happen and end up in court, you need to have a situation where someone looks/sounds enough like someone else to fool the victim, is enough of an evil asshole to take advantage of that fact, but somehow have the victim realize during or after that it was someone else.
It HAS happened from time to time; unfortunately, the law often wasn't ready to deal with that kind of situation (archaic rape laws requiring use of force as part of the definition, say) and the guy walked.
no subject
Date: 2012-12-30 01:20 am (UTC)