People v. Evans
85 Misc. 2d 1088, 379 N.Y.S. 2d 912 (1975)
Evans (who was 37 years old)
met L.E.P. (who was 20 and 'naive') at an airport. Evans used a fake name
and told her that he was a psychologist writing a magazine article. He
spent the day playing weird mind games with her and eventually the two
The next day, L.E.P. left and
filed a complaint that Evans had raped
Evans argued that he had
merely seduced her.
The Trial Court found Evans
innocent of rape.
The Trial Court found that
Evans did not use force, and had L.E.P.'s consent at the time. He merely used fraud to obtain
"The prevailing view
in this country is that there can be no rape which is achieved by fraud, or trick, or
stratagem. Provided there is actual consent, the nature of the act
being understood, it is not rape, absent a Statute, no matter how despicable the fraud."
The Court noted that some
jurisdictions have created a Statutory crime of seduction, which occurs when consent is procured by deception.