The Iowa Supreme Court has upheld the conviction of a man who had sex with a woman after pretending to be someone else on Facebook.
Michael Kelso-Christy created a fake Facebook profile in 2015 for a man who went to high school with a woman and began talking with the woman through the fake account and texts after he gave her his phone number. The woman eventually agreed that he would come to her house and have sex with her while she wore handcuffs and a blindfold. Kelso-Christy went to the woman’s home, had sex with her and left without her knowing his true identity.
The woman became suspicious when Kelso-Christy stopped responding to her and the Facebook account went inactive. She called the sheriff and the investigation led to Kelso-Christy being charged with first-degree burglary and third-degree sexual abuse. He was offered an agreement for a plea to second-degree burglary.
Kelso-Christy sought to have the burglary charge dismissed — saying he had not entered the home to commit sexual abuse as the woman has agreed to have sex with him and his crime was fraud in hiding his real identity.
The Iowa Supreme Court upheld Kelso-Christy’s conviction, saying he knew the woman had not consented to have sex with him. It says it has long been the law in Iowa that consent to sex with one man cannot imply consent to sex with another, so Kelso-Christy could not have believed the woman consented to a sexual encounter with him. And the court says having the woman wear a blindfold indicated Kelso-Christy anticipated the woman might try to flee if she discovered it was him and not the man she agreed to have sex with.
Here’s the ruling: Kelso-Christy-ruling-PDF