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 slept together.
- The next day, L.E.P. left and filed a complaint that Evans had raped her.
- 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 her consent.
- “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.