In today’s digital world, romance scams are becoming increasingly rampant. Victims often fall prey to emotional traps without realizing it, resulting not only in heartbreak but also severe financial losses. The legal experts at DJK LLP emphasize that romance scams are not merely moral failings—they are legal offenses. This article explores what constitutes a romance scam, how it is legally defined, and how victims can protect their rights.
1. What Is a Romance Scam?
A romance scam involves a perpetrator who fabricates an identity and fakes a romantic relationship to gain the victim’s trust, ultimately aiming to defraud them of money or valuables.
Typical scenarios include:
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Impersonating military officers, wealthy entrepreneurs, or doctors;
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Quickly establishing an intimate online relationship;
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Making financial requests using fabricated emergencies (e.g., medical expenses, customs issues, family crises);
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Disappearing after receiving money.
2. How Is Romance Scam Defined in Law?
1）It Constitutes the Crime of Fraud
According to criminal laws in jurisdictions such as Singapore, Hong Kong, and mainland China, romance scams are a type of fraud. Using false pretenses or concealment to obtain property from others constitutes criminal fraud.
Article 266 of China’s Criminal Law states:
“Anyone who defrauds public or private property of a relatively large amount shall be sentenced to imprisonment of up to three years, criminal detention, or control, and/or a fine.”
Key legal elements of romance scam include:
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Intent to unlawfully possess another’s property;
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Use of deceptive tactics such as fake identities, fabricated stories, and emotional manipulation;
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Victim voluntarily transferring assets based on misrepresentation;
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Financial loss on the victim’s side and unlawful gain on the perpetrator’s side.
2） No Contract Required to Constitute a Crime
A formal contract is not needed. Fraud can be established regardless of whether a civil legal relationship exists. What matters is the presence of fraudulent intent and actions that deceive.
3） Can Victims Recover Their Losses?
Yes. Victims can pursue legal remedies through:
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Criminal reporting: File a report with the police to initiate a criminal investigation;
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Civil lawsuits: If the scammer’s identity and assets are known, victims can sue to recover damages;
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Asset preservation: Apply to freeze the scammer’s assets during litigation;
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Cross-border cooperation: Seek extradition or asset recovery through international legal assistance if the perpetrator is overseas.
3. Why Are Romance Scams Hard to Detect?
DJK LLP notes that romance scams often involve highly convincing and long-term setups:
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Scammers are skilled at psychological manipulation;
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They create detailed, believable personal profiles;
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Frequent emotional affirmations build a sense of trust;
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Continuous communication blurs the line between real and fake.
This explains why even educated or successful individuals can fall victim.
4. Legal Advice: How to Prevent and Respond
DJK LLP lawyers offer the following tips:
1）Stay Rational in Romantic Interactions
Be wary of rapid declarations of love or sudden talks of marriage and money.
2）Verify Identity Before Transferring Money
Always confirm the other party’s identity, preferably through video calls or in-person meetings.
3） Keep Evidence and Report Promptly
Save chat logs, transaction records, and other proof. Report suspicious activity and consult a lawyer immediately.
4）Seek Legal Help
If defrauded, consult a professional firm like DJK LLP to assess your case and begin legal proceedings.
