Romance fraud, also known as love scam, has gained increasing attention across the country. Cases such as the “Tinder Swindler” or the “Tinder Huntress” illustrate situations in which individuals use dating apps to gain the trust of their victims and obtain undue financial advantages.
This article explains what constitutes the crime of romance fraud, its legal consequences, and the measures that victims can adopt in both the criminal and civil spheres.
What is Romance Fraud?
The crime of fraud, provided for in Article 171 of the Brazilian Penal Code, punishes anyone who induces or maintains another in error through deceit, artifice, or fraudulent means, with the purpose of obtaining unlawful gain.
In the type known as romance fraud, the perpetrator simulates an emotional relationship to deceive the victim and obtain economic benefits such as bank transfers, valuable gifts, or the improper use of assets and credit cards.
It is an affective fraud that employs emotional bonds as a means of committing the crime.
Criminal Typification and Legislative Proposals
Bill No. 69/2025 proposes the specific typification of romance fraud as a qualified form of fraud, with harsher penalties than those currently provided under Article 171 of the Penal Code.
The bill establishes:
- Imprisonment from 3 to 8 years and a fine;
- An increase of one-third of the sentence if the crime is committed through fake profiles on social networks or dating apps;
- Imprisonment from 4 to 10 years if the victim is an elderly person.
Moreover, the bill proposes to classify romance fraud as a form of psychological and property violence against women, pursuant to the Maria da Penha Law (Law No. 11.340/2006).
Inapplicability of Immunity Between Spouses
Another distinctive feature of romance fraud is the inapplicability of the exemption from punishment provided in item I of Article 181 of the Penal Code.
According to the understanding of the First Panel of the Federal Supreme Court (STF), such immunity between spouses does not apply in cases of romance fraud.
This is because, when the relationship begins with fraudulent intent, there is no good faith to justify criminal immunity between partners.
Civil Repercussions
According to the 4th Panel of the Superior Court of Justice (STJ), in Special Appeal No. 2.208.310, romance fraud constitutes a civil tort, giving rise to the right to compensation for moral and material damages.
Compensation arises from the perpetrator’s bad-faith conduct in deceiving the victim to obtain material gain. In such cases, the victim may claim:
- Material damages, for proven financial losses or expenses;
- Moral damages, for humiliation, emotional suffering, and violation of personal dignity.
Joint Action: Civil and Criminal Spheres
Article 387, item IV, of the Code of Criminal Procedure provides for the setting of a minimum amount for damage compensation in the criminal conviction, but the final amount must be determined in a separate civil action.
Despite the existence of Specialized Police Stations for Women and Domestic Violence Courts, the slowness of criminal proceedings often delays full reparation for material and moral damages.
Therefore, coordinated action between criminal and civil attorneys is advisable, using the digital and documentary evidence produced in the criminal case to substantiate the civil claim for damages, ensuring effective victim compensation.
Conclusion
Romance fraud reveals how emotional deceit can cause severe financial and psychological harm to victims.
In addition to constituting a criminal offense under the Penal Code, it also represents a civil wrong that allows for compensation for both material and moral damages.
Thus, seeking specialized legal guidance is essential to ensure an effective legal response, both in criminal accountability and civil reparation for the damages suffered.
