Australian man jailed for rape because he paid prostitute with paper .

a reply to: hutch622

Probably the same... At least until he comes up with the remaining $750.

I suspect the term of his sentence was lighter as this was a fraudulent financial breach of contract. It's possible that they used the "rape" charge as a way to flag the guy in case he gets picked up again for a similar or related offense. Maybe they're cracking down on this kind of stuff...don't know for sure. Still, what he did was rude and reprehensible. She was sexually violated in the sense that she submitted her body under certain terms - which he then reneged upon. I suppose some might consider that a variation of rape under the right conditions. Certainly not as much of an offense as a violent or nonconsensual incident.

I'm kind of an idiot when it comes to police procedure.
Just tossing out an educated guess on this one.

a reply to: Metallicus

Is prostitution illegal in Australia?

Canberra has special laws because of the politicians living there,it doesnt look good for them if their children get busted for dope or getting with hookers and things so they lax the laws there...

a reply to: GENERAL EYES

Certainly not as much of an offense as a violent or nonconsensual incident.

It was deemed non consensual . As the OP i feel its not my place to say if his being found guilty was right or wrong . He was found guilty by a judge . I just have to make the leap about non payment = rape .

In handing down the sentence, Justice Hilary Penfold said consent for sex that was obtained by fraud constituted rape.

originally posted by: JessicaRabbitTx
a reply to: aboutface

Because she had sex with Livas on the basis that she would be paid, ACT Supreme Court Judge Hillary Penfold ruled that the sex was non-consensual because it was obtained by fraud, noting that the offence was "clearly premeditated". 99

But the judge ruled it premeditated non-consensual sex.

So then when a man tells a woman he has a Mercedes and she has sex with him, only to find out he has a chavette she can have him thrown in jail?

I mean he lied, she thought he had money, when he was broke.

This entire thing seems stupid to me.

Isn't prostitution illegal?

If I rip a drug dealer off they won't charge me, they will charge him for selling drugs if he goes to the police.

Australia and nearby has some very progressive laws regarding rape.

Coercion and misrepresentation to obtain sex is considered rape. In this instance that's how the law was applied. Exchanging money for sex is legal but not regulated in most states. It is regulated on the east coast. There some rules about the advertising of it also. That said there are brothels in every state even where it isn't strictly legal.

a reply to: hopenotfeariswhatweneed

One might argue that a lot of people in Canberra are prostitutes . As in giving favours for money .

originally posted by: hutch622
Hopefully brighter minds than mine can help me out here . It would appear rape now has a dollar value . I really dont know where i sit with this .

The prostitute, whom Livas booked for a four-hour session, believed that the envelope contained $850.

So the man pulls a swift one and it was all OK until she opened the envelope and found paper . At this time she felt violated , was this also the time the rape occurred .

I felt internally violated, used and dirty," she said, adding that when she discovered she had been deceived, fear took hold.

Apparently money is good for washing guilt away .

Rape is rape as far as i am concerned so why was the man only given 8 months . The maximum penalty for rape in Victoria is 25 years and i assume Canberra works under Victorian law .

The man has been convicted and sentenced so must be guilty . I just wonder about the sentence , to me its sending a message and not a good one .

www.9news.com.au...

Thoughts ATS.

It's called Rape by Deception, or Rape by Fraud. Some states here in the US have that law, but I'm not sure about Australia. It's considered a crime, and technically a rape by definition.

Rape By Deception

Rape by deception is a crime in which the perpetrator has the victim's sexual consent and compliance, but gains it through deception or fraudulent statements or actions.

The media may also refer to this type of rape as "rape by fraud",[1] "rape by impersonation" or "rape by trickery"

originally posted by: Sovaka
a reply to: JessicaRabbitTx

I'm sorry, I am having a very dyslexic day today... Reading things too quickly and mistaking them for other words.

Ok, the article does state he was convicted of rape.

But the gaol term is that of fraud. Left hand not talking to the right hand?
I see this as a bias of a female judge putting the man on the sex offender register.

This case is clearly not rape... It was consensual before the act and during the act.
It wasn't until she checked her payment to find she had been defrauded.

Does this mean if an employer doesn't pay me as they should, I can claim rape?

Israel and the US has a Rape by Deception law on the books. I supposed it's only a matter of time before Australia follows suit soon.

Rape by deception is a crime in which the perpetrator has the victim's sexual consent and compliance, but gains it through deception or fraudulent statements or actions.

The media may also refer to this type of rape as "rape by fraud",[1] "rape by impersonation" or "rape by trickery"

On what planet has a man not lied to get a woman in bed .

a reply to: hutch622

Exactly... The only difference here is that it is over the sum of $850.

This precedence means that if a man misrepresents himself in order to get some nooky, he could be charged with rape because he isn't the man he claimed he was and that lie is what the woman wanted from a man.

Technically couldn't 90% of the male population be called rapists under this ruling?

Fraud or theft at best. She gave sexual consent for money. So she consented, just was not paid. Rape is a far stretch.

a reply to: Sovaka

And if a single mother claimed she had no dependants would i be able to claim rape . Where would it end .I was raped as she said she was on the pill and now i am a father .

originally posted by: hutch622

Rape by deception is a crime in which the perpetrator has the victim's sexual consent and compliance, but gains it through deception or fraudulent statements or actions.

The media may also refer to this type of rape as "rape by fraud",[1] "rape by impersonation" or "rape by trickery"

On what planet has a man not lied to get a woman in bed .

I'm not saying a man hasn't lied. I'm saying, it's possible Australia may be adding this to their repertoire of laws now because just because you lie, doesn't make it right.

a reply to: hutch622

On what planet has a man not lied to get a woman in bed

Same planet where women get men into marriage only to further their wealth accumulation prospects.. See I to can throw out a totally stupid generality. It doesn't really add anything of substance to a discusion.

Australian man jailed for rape because he paid prostitute with paper .

Reminds me the time I bounced a check to a drug dealer and wound up in court for check fraud.

a reply to: JessicaRabbitTx

did you not see the start of my post ? I said it reminded me of an OLD JOKE .

a reply to: hutch622
It wasn't rape since the sex was consensual. It was fraud because he didn't pay for a service/goods he had received.

a reply to: tom.farnhill

Yea I meant to reply to sovaka. I added that in my post.
I just clicked reply on your post by accident.

a reply to: hutch622

Yeah. I mean I see the technical aspect since prostitution is legal there. She consented based on the premise she had been paid and since she hadnt been paid she hadnt really consented.

However since she turned sex into a commodity, went through with it willingly, and no force was involved, she should have felt ripped off rather than dirty perhaps she has a loose mental geip on her reality. They should charge him with theft make him pay and she should learn to coubt the money.

It might be argued that she didnt in fact look at tge money before consenting and so its not rape.

I would be curious. If you pay a prostitute then have sex then steal the money back is that rape as opposed to theft too?