“The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
So this is not rape, as the murderer consented. One may make an argument that the deception invalidates the consent and that may be what the defense lawyer will do. In my opinion both these men bear responsibility for creating the situation that they now find themselves in, one dead and one looking at prison time There are no good guys in this story and the murderer is not a victim. It's a stupid tragedy all the way around. All it takes is some integrity and a half-way functioning sense of morality to avoid such a situation.
Yeah he did not consent. It was under false pretenses.
As a juror that’s how I would see it. Rape.
Rape victims get very angry. When the law won’t protect you then you have a tendency to take care of things yourself. Our law for rape stinks. That man either had to go along with being raped or get his own justice. He should not be out in that position. That said yes I think he bears some responsibility for going out having sex with strangers, which is sadly also legal and basically prostitution is also which I also think should be prosecuted as a serious crime.