Journal article

Lying about God (and Love?) to Get Laid: The Case Study of Criminalizing Sex Under Religious False Pretense in Hong Kong

Jianlin Chen

Cornell International Law Journal | Cornell University | Published : 2018

Abstract

First, this Article explains how the strong skepticism, and at times, instinctive rejection by the judges of the purported religious proclamations not only confirm the scholarly concerns over the sincerity test in U.S. v. Ballard, but also demonstrates how the often-proposed solution of bench trials and other procedural safeguards is of limited efficacy to restrain relig­ious bias. Second, by situating religious fraud with romantic fraud-both being frauds that raise serious conceptual difficulties in terms of objec­tively proving falsehood—this Article highlights that fraudulent sex criminalization is as much a regulation of fraud as it is a sexual offence.

University of Melbourne Researchers