Existing Washington law does not sufficiently safeguard its citizens from “rape by fraud,” an action whereby a person obtains sexual consent and has sexual intercourse of any type by fraud, deception, misrepresentation, or impersonation. Rape by fraud is a form of sexual predation not always prosecutable under existing Washington law. In recent years, twelve states have adopted expanded rape by fraud statutory provisions. Presently, Washington’s rape statutes lack the expansive rape by fraud statutory language adopted by these twelve states. A recent sexual scam in Seattle has revealed holes in Washington’s rape statutes. This Note examines the history of rape by fraud, considers criticisms against expanding existing rape by fraud statutory provisions, and concludes that Washington should adopt expansive rape by fraud statutory provisions to better protect its citizens from sexual impersonation, sexual scams, sexual theft, and sexual extortion.
Michael Mullen, Rape by Fraud: Eluding Washington Rape Statutes, 41 SEATTLE U. L. REV. 1035 (2018).