Cross-dressing, Deneumostier allegedly posed as a “real, heterosexual female” and posted ads on Craigslist. He convinced the men to put on blindfolds before performing sex acts on them. He assured them that, as the wife of a military man, he would never allow any cameras or pictures. Hundreds of such films were uploaded under his screen name “susanleon33326.”
This may be due to the fact that this is a federal investigation. The question is whether more serious state charges can be pursued. In such cases, the federal government will often let the state prosecutors go first. One could argue that there was no real consent due to trickery or fraud. The men did consent but not to sex with a man or to be filmed. However, courts traditionally rejected rape by fraud in other circumstances. Suliveres v. Commonwealth , 449 Mass. 112 (2007). In Massachusetts, Commonwealth v. Goldenberg, held that “it is not rape when consent to sexual intercourse is obtained through fraud or deceit.” However, the court also held that the legislature could amend the law to make such fraud a crime.
Rape by fraud has been recognized since 1865. People v. Crosswell, 13 Mich. 427, 437 (1865) (upholding defendant’s conviction for rape by fraud and explaining that “[t]he outrage upon the woman.., is just as great in these cases as if actual force had been employed; … the act can[not] be … any less against the will of the woman when her consent is obtained by fraud, than when it is extorted by threats or force”).
A majority of states do not have laws criminalizing sex by fraud
Deneumostier is facing a more serious state charges after being arrested and charged with unlawful sex with a minor. Deneumostier was found with an underage boy at the Floridian Hotel in Homestead where he had allegedly been drinking and using drugs with the minor.