Aggressive Criminal Defense

Sex Crime Law – Is Providing False Information To Gain Consent For Sex Considered Rape?

Aggressive Criminal Defense

Generally, those who seek legal assistance from sex crime lawyers in Michigan are doing so after being suspected of a sexual offense. Rape is among the most serious in the eyes of the public and the law, as these individuals are accused of forcing sexual contact on a person without their consent. On these basic grounds, the legal consequences of rape charges, like all criminal sexual conduct offenses, will change the life of the convicted forever.

In recent weeks, however, sex crime cases abroad have brought to the forefront many questions regarding consent and how it is achieved. After posing as a Jewish bachelor interested in a long-term relationship, Sabbar Kashur, 30, had consensual sex with a woman. However, when she found out that Kashur was an Arab, and not a Jew, she filed a complaint with law enforcement officials accusing him of both rape and indecent assault. The Middle Eastern courts agreed with the woman, convicting Kashur of “rape by deception” and sentencing him to spend 18 months behind bars.

Several questions raised on how consent is derived

Even though this criminal sexual conduct case happened abroad, it has still raised several questions regarding how consent is derived in the United States. Many object to the ruling, as anytime one indulges in a sexual relationship with someone they barely know, a great risk is being taken. Some responsibility must be shared, as the person being lied to still chose to engage in sexual contact, despite their lack or certainty of information.

Many states across the country have enacted legislation dealing with “unequal relationships” of sexual contact, such as intercourse between a doctor and patient, or teacher and student. Additionally, a handful of states, including Michigan, have rape by fraud or coercion laws. Despite this, defining fraud in equal relationships, such as the one describe above, is much more difficult. Law professor Patricia Falk raises this analogy: “What’s the difference between ‘I will love you forever and we’re going to get married’ and ‘I am Labron James?’ What constitutes romantic inducements and things that are fraudulent enough for the law to take recognition of?”

Regardless if consent was obtained or not, being accused of rape charges is still a scary and life-changing experience for anyone to go through. Not only will conviction result in life-long stigma as a sex offender, but the person will also face stiff jail sentences as well. Because the consequences of criminal sexual conduct charges are so severe, it is essential for a suspect to pro-actively seek the best legal defense available for the case. Acting quickly to contact an experienced and aggressive sex crime attorneys in Michigan will ensure the legal advice and legal representation needed to present your case in court, ultimately protecting both your reputation and your personal freedoms.

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