December 6, 2018 By Stephen Klarich

What is the Crime of Rape by Fraud? (PC 261)

Under California Penal Code Section 261, it is illegal to have any “nonconsensual sexual intercourse accompanied by means of threat, force, or fraud.” Although the terms “threat” and “force” are self-explanatory, the concept of rape by fraud is confusing for some. How can you commit rape by fraud? Let our experienced rape defense attorneys explain the crime of rape by fraud.

What is Rape by Fraud? (PC 261)

In 1984, Daniel Kayton Boro contacted a woman and claimed to be “Dr. Stevens.” Boro told the woman that she had contracted a deadly disease, and one of the only known cures was to receive a vaccine via sexual intercourse from an anonymous donor. He later arrived at the woman’s house pretending to be the donor and had sex with the woman.Crime of Rape by Fraud? (PC 261)

At the time, there were no laws against rape by fraud. Technically, the woman consented to the sex, and therefore Boro’s act was not a crime. However, after this incident, California passed laws prohibiting rape by fraud.

Fraud is when you make a false representation of the truth or conceal an important fact in order to cause another person to act to his or her own disadvantage. Therefore, rape by fraud occurs when a person falsely represents the truth or conceals an important fact in order to influence another person to have sexual intercourse.

To convict you of rape by fraud under PC 261 the prosecution must prove all of the following:

  • You had sexual intercourse with the victim
  • At the time of the sexual act, you and the victim were not married
  • The victim did not consent to the sexual intercourse, and
  • The act was accomplished by you using threats, force or fraud to induce the victim into engaging in sexual intercourse

For example, in 2009, Julio Morales snuck into a sleeping woman’s bedroom after seeing her boyfriend leave. Morales began to initiate the act of sex with the woman. Believing it was her boyfriend, the woman began having sex with Morales. During the act, a ray of light struck Morales’ face and the woman realized she was not having sex with her boyfriend. She fought Morales off and he was later arrested. Morales was convicted of rape by fraud because he falsely represented himself as the woman’s boyfriend.

Punishment for Rape by Fraud

Rape is a felony offense in California. This crime is punished severely.

If you used force or violence to accomplish rape, you could face a sentence of 3, 6 or 8 years in state prison. If you did not use force or violence to accomplish rape, you face up to 1 year in county jail.

You will also be required to register as a sex offender under PC 290 if you are convicted of rape by fraud.

Additionally, you may receive a strike on your criminal record under California’s Three Strikes law if you are convicted of rape.

Contact the Rape Defense Attorneys at Wallin & Klarich Today

If you or someone you love has been accused of rape by fraud, you should contact a skilled and knowledgeable rape defense lawyer at Wallin & Klarich immediately. Our sex crimes defense attorneys have been successfully defending clients facing rape charges for more than 35 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich rape defense attorney available near you no matter where you are located.

Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

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