As to the problem whether the defendant will be convicted of rape or not,if the defendant had sexual intercourse with the victim by means of fraud,according to the rule of equivalence,the situations which constitute rape by means of fraud should be limited to the following three conditions:(1) because of the fraud,the victim does not realize the meaning of sex itself or does not realize the occurrence of sexual behavior;(2) because of the fraud,the victim makes a mistake as to the factors which can affect the legal nature of the behavior,though the victim knows the nature of the behavior;(3) because of the fraud,the victim mistakenly thinks that she can only keep one right between life or health and sexual autonomy.This kind of fraud is similar as violence and coercion.Therefore,it should also constitute rape.