Saw this one via Sparklematrix and Feministing - so a woman's in bed and her boyfriend comes in and they have sex and then it turns out that that wasn't the boyfriend - that was his brother, impersonating him. Is it rape? According to the Massachusetts' Supreme Judicial Court - no. apparently if you don't physically struggle, it ain't rape, even though it's done by deception.
So by this arguement... if a few of us dress up as Securicor/Securitas van drivers and walk into a bunch of local shops and banks, pick up the money from the till and drive off with it - is that theft? The shop-keepers didn't put up a fight? To be on the safe side - lets only rob shops in Massachusetts!