MA Court: Sex by fraud isn't rape

This was sent to me: a most disturbing ruling.

She went to bed one night, in the bedroom she shared with her boyfriend, and a man she thought was her boyfriend got into bed and had sex with her. It turned out the man was her boyfriend's brother who pretended to be her boyfriend...Is that rape? The Massachusetts Supreme Court says no. Then what the fuck is it then?

Lovely, huh? Massachusetts' Supreme Judicial Court ruled yesterday that Sex by fraud and deceit that does not involve force is not rape. The state's rape law requires force. The court said that MA's law defines rape as intercourse "by force and against [the] will" of the victim and that "fraudulently obtaining consent to sexual intercourse does not constitute rape as defined in our statute."

Almost disturbing as the decision: the picture that ABC decided to accompany the article.

Why was this picture necessary? It looks consensual because it was; just under false pretenses and deceit. Fraud is illegal; rape is illegal. I don't understand what the problem is.

As victim’s advocate Wendy J Murphy opines in the Boston Globe article, the ruling merely reiterates that in the eyes of the law, a dude’s right to pork supersedes a woman’s right to personal bodily sovereignty.

And in more rape news: A South African Court ruled that forced anal penetration of a male isn't rape.