One question they should ask is: Was the complainant afraid of social repercussions if they did not give consent?

[–] overanddone 5 points Edited

Cases where the issue of deception as to gender is a factor are rare

methinks the information they will be receiving from the public will belie this statement.

And, given the faulty nature of the premise:

1) Has there been active or deliberate deception by the suspect? 2) Was the complainant deceived and therefore did not consent? 3)Did the suspect reasonably believe the complainant consented?

3 is a rapist's defense as old as dirt. The "suspect" will always claim there was consent.

I can see how this will go down. With so many holes you could drive a freight train through it.

For starters, it would be deception as to sex or deception as to sex class... I really wish lawmakers would clean up their language, make it more accurate.