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Boro v. Superior Court | 210 Cal.Rptr. 122 (1985)

Fraud is on the rise. Innocent people lose millions of dollars every year to imposter schemes involving sending money to scammers under false pretenses . Some scammers use these schemes to obtain sex under false pretenses. Do imposter schemes constitute rape? The California Court of Appeal addressed this issue in the 1985 case of Boro versus Superior Court.

In 1984, Daniel Boro called a victim, known as Ms. R., to convince her to have sex with him. Boro posed as a doctor telephoning with Ms. R.’s blood-test results. Boro indicated that Ms. R. had contracted a potentially fatal disease from using public toilets.

Boro told Ms. R. that there were two treatment options. First, she could choose an expensive, painful surgery requiring a six-week hospital stay. Second, for less money, she could have sex with an anonymous man who’d been injected with a serum that would cure the disease. Ms. R. agreed to the second option.

Ms. R. made arrangements with Boro to meet with the anonymous man in a hotel room. Unbeknownst to Ms. R., Boro was the anonymous man. Boro and Ms. R. had intercourse. Ms. R. felt obligated to have sex because she believed her life depended on it. California charged Boro with multiple offenses in the San Mateo County Superior Court. Boro filed a motion to dismiss the second count, of the rape of a person who is unconscious of the nature of the act. The court rejected the motion. Boro filed a writ of prohibition with the California Court of Appeal to prevent prosecution of that count .

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