FAMILY LAW
Supreme Court of Alaska (2022)
Flora Lipsky
In Notti v. Hoffman, 513 P.3d 245 (Alaska 2022), the supreme court held that “rape by fraud” wherein one person induces another to sex through fraudulent assurances is not an actionable tort claim. (Id. at 249). An estranged couple was in the process of divorcing when the husband reached out to the wife seeking sexual relations. (Id. at 247). The wife refused and told the husband that she would not agree to a sexual relationship unless he was fully committed to the marriage. (Id.). They later had sexual relations after the husband assured his wife that he was “all in” on their marriage and put his wedding ring back on. (Id.). A month later, the husband informed his wife that he did not intend to stay in the marriage and their recent sexual encounter had been “just sex.” (Id.). Following the conclusion of their divorce proceedings, the wife filed a complaint alleging sexual assault in the form of “rape by fraud.” (Id.). The superior court granted the husband’s motion to dismiss the “rape by fraud” claim for failure to state a claim. (Id. at 248). The supreme court affirmed the lower court’s decision because “rape by fraud” is not a recognized tort in Alaska. (Id. at 249). The court reasoned that there is no viable battery claim when sexual intercourse results from fraud in the inducement because fraud in the inducement does not vitiate consent. (Id. at 250–51). The court further distinguished this case from those involving fraud in fact — such as when someone misrepresents their own identity in a sexual encounter. (Id.). Fraud in fact, unlike fraud in the inducement, can vitiate consent. (Id. at 250). Affirming the lower court’s decision, the supreme court held that “rape by fraud” is not a recognized tort in Alaska. (Id. at 252).
