This "rape by fraud" situation- should the perpetrator be prosecuted?

This was inspired by a question I saw yesterday. I was wondering what people think of this "rape by fraud" situation, since there has been some debate as to whether it should be considered rape.

There's a con going on where certain sleezebag individuals pretend to be porn producers. They post job listings online, make up fake business cards, create fake company names, etc. Then they lure young people into "auditions" where they have sex with them, with the promise that it will get them into a high paid film.

In one particularly atrocious case, one of the individuals running this con is believed to be HIV positive and may have infected one of his victims.

Should this be prosecuted? Should it be considered a form of rape?

Rica,

Legally, porn and prostitution are not the same things. Producing porn is legal.

I have to disagree with the majority of the posters and say that it is rape. Lying about WHO you are in order to get people to have sex with you takes away a person's ability to truly consent to the act. This isn't a small white lie, saying you're 27 instead of 32 or that you drive a Lexus instead of a Geo Metro. The situations that are being described in this question and my question from earlier, are aspects that change the fundamental basis for why the other person would consent. The victim isn't consenting to sex with a specific person based solely on their attraction/affection to that person, they are consenting on the basis of it being a job interview. If this person has lied about their status as a producer, than the reason for consent is void.

Think about it like this... "rape by fraud" cases come down to the basic question of "Would person A have willing consented to sex with person B without the extenuating circumstances?" If the answer is NO, than person B set up circumstances where they removed any real decision making ability from person A...and last time I checked taking away someones choice about sex is considered RAPE.

Will depend if the woman was forced in to the act or not.

With all do respect, not being payed the expected remuneration do not constitute a rape. If at all, it makes the woman a prostitute.If she agree to the sex is not rape, independently if she received or not the expected remuneration.

But by expecting a remuneration the woman itself is a prostitute. So it would be a fraud made to a prostitute. Unless in Nevada, both things should be punished, the fraud and the prostitution.

i dont know how the porn industry can operate without using condoms. this should be a major health occupation abuse and should mandate compulisve condom wearing.

although, this case is so sleazy, the definition of rape should be kept what it is - nonconsensual. although, had she known that he was not a producer, she would not have slept with him, she was tricked, not forced. what a shame b/c it practically is rape. he was deceitful.

there's a huge porn industry outside of LA, I'm told. They prey on young girls who cant make it into Hollywood.

And, yes, this should be prosecuted. It's deceit , "invasion of the body" so to speak and was potentially life-threatening.