Is this rape ?

  1. 3,046 Posts.
    This is a crime for sure

    but sentencing him for rape is a mistake IMO
    because it devalues rape
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    A Canberra man has been jailed for eight months for raping a prostitute by pretending to pay with an envelope stuffed with paper.
    Akis Livas, 52, appeared to be in disbelief when his lawyer explained to him that he would be locked up for the crime.
    He pleaded guilty to the charge after he tricked the woman into sex when he did not have the money to pay her.
    ACT Supreme Court Judge Hillary Penfold told the court there was no consent to sex when it was obtained by fraud.
    Earlier the woman gave a victim impact statement to the court, describing her extreme fear and feeling of violation when she realised she had been duped.
    She told the court Livas had booked her for four hours, and brought an envelope stuffed with paper which he pretended was the $850 to pay her.
    The woman said when she discovered there was no money, she became scared.
    "I felt internally violated, used and dirty," she told the court.
    "I fully expected he was going to hurt me."
    "He made me complicit in my own rape."
    She told the court she has suffered from a lack of trust in others, and is still receiving counselling.
    "The offence was clearly premeditated," Justice Penfold told the court.
    She noted Livas continued to minimise his responsibility, and had not shown remorse.
    "It seems Mr Livas is still focussed on the event as a commercial exercise," Justice Penfold said.
    Lawyers for Livas told the court he was prepared to pay reparations, but the crown told the court none were being sought.
    Livas will also serve a two-year good behaviour order.
 
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