Mass. court: Sex by fraud is not rape

BOSTON, May 11 (UPI) -- Massachusetts' highest court says a man who impersonated his brother to have sex with the brother's girlfriend cannot be convicted of rape.

The Supreme Judicial Court ruled unanimously, dismissing the charge against Alvin Suliveres of Westfield, the Boston Globe reported. The court said state law defines rape as forcible intercourse and invited the Legislature to add sex obtained through fraud.

At the time of the incident in 2005, Suliveres' brother and his girlfriend were living in a basement apartment in his father's house. The woman said when someone came into her bedroom at 3 a.m., undressed and got into bed she thought her boyfriend had returned home from work early.

She only realized the man was Alvin Suliveres when he got up and left.

Suliveres' trial ended in a hung jury.