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    B1290 - Rape By Fraud bill 2017, The Rt. Hon Joecphillips MP



    A
    BILL TO
    make it a criminal offence to commit fraud for sex

    BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—

    1) Rape by Fraud

    (1) A person (A) commits an offence if—
    (a) they intentionally penetrate the vagina, anus or mouth of another person (B) with their penis, or
    (b) penetrate the vagina or anus of another person (B) with any objects with sexual intent and/or with the intention to employ sexual methods in order to assert power over said person (B), or
    (c) intentionally use the penis of another person (B) for the purpose of penetration of their own (A) vagina, anus or mouth,
    (d) fraudulent statements were made, and
    (e) B would not have consented if the fraudulent statements were not made.

    (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

    (3) Sections 75 and 76 of the Sexual Offences act 2003 apply to an offence under this section.

    2 Sexual assault by fraud

    (1) A person (A) commits an offence if—
    (a) he intentionally touches another person (B),
    (b)the touching is sexual,
    (c) fraudulent statements were made, and
    (d) B would not have consented if the fraudulent statements were not made.

    (2) A person guilty of an offence under this section is liable—
    (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
    (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

    (3) Sections 75 and 76 of the Sexual Offences act 2003 apply to an offence under this section.

    3 definitions

    (1) A person has made a fraudulent statement if they —
    (a) dishonestly makes a false representation, and
    (b) intends, by making the representation to gain for himself Sexual Contact

    (2) A representation is false if—
    (a)it is untrue or misleading, and
    (b)the person making it knows that it is, or might be, untrue or misleading.

    (3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—
    (a)the person making the representation, or
    (b)any other person..

    4- Citation and commencement

    (1) This Act extends to the United Kingdom.

    (2) The provisions of this Act come into force on Royal Assent

    (3) This Act may be referred to as the Rape by Fraud Act 2017

    Notes: Courts have held for a hundred years in virtually every area of the law outside of rape, a consent procured through deception is no consent at all. This will bring Rape law more in line with other areas of consent within the law
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    My god this is dumb asf...
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    I usually like to go look at the notes of a bill to understand it but they're somewhat vague. Could the author briefly outline what this bill does?
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    As it stands, no. I can't think of how it would be done but it would need a better definition of fraudulent. Knowing that anything you have said leading up to intercourse be used as evidence against you would make dating a much more risky idea and revenge on an ex much easier.

    I am willing to be convinced if this can be addressed though.
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    Definitely no
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    Aye.
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    Nay. S2(1)(d) is insufficiently defined for an indictable offence.

    While I agree to the equalisation of the offence of rape, this is an extremely bad way to do it.
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    I can't help but feel this is overly harsh. If I'm understanding it right, it would mean that for instance if you said you were single when you weren't and proceeded to have sex on that basis you could be sentenced to life imprisonment? I get the principle but I don't think that's reasonable. To be entirely frank I think that when you sleep with someone untrustworthy you're taking your chances and so long as no material harm is caused my inclination is that the state probably shouldn't be getting involved at all.

    Got to admit though that when I saw the title I was fearing some transphobic nonsense so kudos for this not being that at least
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    Something tells me joe just wanted to see how many times he could get the word vagina onto TSR in a single thread:rolleyes:

    On a serious note I concur with the others about the vague parts of this bill.:yep:
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    (Original post by Saoirse:3)
    I can't help but feel this is overly harsh. If I'm understanding it right, it would mean that for instance if you said you were single when you weren't and proceeded to have sex on that basis you could be sentenced to life imprisonment? I get the principle but I don't think that's reasonable. To be entirely frank I think that when you sleep with someone untrustworthy you're taking your chances and so long as no material harm is caused my inclination is that the state probably shouldn't be getting involved at all.

    Got to admit though that when I saw the title I was fearing some transphobic nonsense so kudos for this not being that at least
    I agree too harsh. There are probably some forms of deception leading to sex that should be criminalised (whether you call this rape or not), but this is too vague.
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    Mr Speaker,

    This wouldn't be a problem if sex was something that was done only within the confines of marriage. In our promiscuous society where fornication, and wanton and deviant behaviour is encouraged, it's not a surprise these crimes occur.
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    Mr Speaker

    I believe this bill has already been done here V792 Prosecution of False and Malicious Allegations of Rape
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    joecphillips ^^^^
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    (Original post by Conceited)
    I usually like to go look at the notes of a bill to understand it but they're somewhat vague. Could the author briefly outline what this bill does?
    What else do you expect from Joe?
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    (Original post by mr T 999)
    Mr Speaker

    I believe this bill has already been done here V792 Prosecution of False and Malicious Allegations of Rape
    (Original post by mr T 999)
    joecphillips ^^^^
    That’s false accusations, this is something completely different.

    (Original post by Conceited)
    I usually like to go look at the notes of a bill to understand it but they're somewhat vague. Could the author briefly outline what this bill does?
    Makes it a crime to lie/commit fraud for the sole reason of acquiring sex sex.


    (Original post by Saoirse:3)
    I can't help but feel this is overly harsh. If I'm understanding it right, it would mean that for instance if you said you were single when you weren't and proceeded to have sex on that basis you could be sentenced to life imprisonment?
    While in theory that would be possible it is highly unlikely in 2010 the average sentence for rape was 8 years in prison, it will be down to judges/sentencing guidelines https://www.theguardian.com/society/...ustice-figures.
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    (Original post by joecphillips)
    While in theory that would be possible it is highly unlikely in 2010 the average sentence for rape was 8 years in prison, it will be down to judges/sentencing guidelines https://www.theguardian.com/society/...ustice-figures.
    What's the difference between false acquisition and lying ? They both the same thing is it not?
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    (Original post by mr T 999)
    What's the difference between false acquisition and lying ? They both the same thing is it not?
    What’s the difference between falsely accused of rape and lying to have sex? It’s a very big difference.
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    nay, this could be manipulated too much.
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    This bill is in cessation.
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    This bill is withdrawn.
 
 
 
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