Rep. Peter Koutoujian, Middlesex District Attorney Gerard Leone and Worcester District Attorney Joe Early - 02/27/2008
FOR IMMEDIATE RELEASE – February 27, 2008
Contact: Kathleen Skarin w/Rep. Koutoujian
617-722-2130
Kathleen.Skarin@state.ma.us
Corey Welford w/D.A. Leone
617-679-6522
Joe Quinlan w/D.A. Early
508-368-7291 Joseph.A.Quinlan@state.ma.us
BOSTON – State Representative Peter Koutoujian, Middlesex County District Attorney Gerard Leone and Worcester County District Attorney Joe Early today announced the introduction of legislation to close a loophole in state law regarding rape committed using fraud or deceit.
Statutorily, the Commonwealth of Massachusetts cannot prosecute a rape without meeting the standard of both force and non-consent. However, recent cases have highlighted that sexual compliance has been achieved by the use of fraud or deceit, such as in the Suliveres case and the Creanza incident, both of which have been pursued in legal actions by state prosecutors.
In the Suliveres case, a woman consented to intercourse in the darkness of her bedroom with her boyfriend’s brother because he represented himself as her boyfriend. In dismissing the rape charge, the Supreme Judicial Court recommended that state lawmakers close this longstanding loophole. The proposed legislation isintended to clarify the issue of consent so that that rape is not only about the use of force, but the lack of the consent as a result of fraud by the perpetrator.
“The intent of the crime is the same, and so the punishment should be the same,” said Koutoujian. “We not only have the judicial mandate to file this legislation, we have a moral obligation”.
"This bill closes a significant loophole in the rape statute," Middlesex District Attorney Gerry Leone said. "We have always known that 'no means no,' and the current law allows us to effectively prosecute those cases. What this bill makes clear is that you can not deceive or defraud a victim into saying yes."
Jane Doe Inc., the state coalition of rape crisis centers and domestic violence programs, has endorsed this legislation to help ensure that victims who have been tricked once should not be defrauded by the legal system as well. Mary R. Lauby, Jane Doe's Executive Director, stated, "Rape by fraud requires both premeditation and intention. These crimes are predominantly perpetrated by someone who is known to and trusted by the victim. As is often the case, it is the nature of the relationship that is manipulated and exploited by rapists and sexual predators."
Representative Koutoujian will be filing legislation today in an effort to respond to the Supreme Judicial Court’s recommendation.
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