Solving the Riddle of Rape-by-Deception

Professor of Law and Director of the Buffalo Criminal Law Center, University at Buffalo School of Law, The State University of New York. I am indebted to Professors Vera Bergelson, Guyora Binder, Michael Boucai, Joshua Dressler, Aya Gruber, Stephen Garvey, Adam Kolber, Ken Levy, and Anthony O’Rourke for taking the time to read previous versions of this Article and to provide me with valuable and detailed comments and criticism. The Article also benefitted from conversations with faculty at the University at Buffalo School of Law “Law Review Camp” in August 2016 and the University of New Hampshire School of Law Faculty Colloquium Series in April 2017.  I would also like to thank the editors at the Yale Law & Policy Review—especially Matteo Godi and Elena Zarabozo—for improving this Article considerably during the course of their rigorous editorial review process. Any remaining mistakes are my own.