  It is widely agreed that the existence of an analogy depends ultimately upon the justification for the analogical decision. The facts in a case may fall outside the ratio of an existing precedent, and thus the court is not bound by the precedent. On the other hand the justification for the earlier decision may apply to the later case, and thus provide an argument from analogy. Take the case of the impersonation of a boyfriend in the law of rape. Assume that there is authority for the proposition that the impersonation of a husband vitiates consent for the purposes of rape. Whether the impersonation of a boyfriend is analogous depends upon why such a marital impersonation vitiates consent. If it is thought that part of the significance of being married is the sharing of physical intimacy with that particular person, then the rationale is applicable to other close personal relationships. If instead the rationale is that consent to an impersonator involves committing an act of adultery, i.e., an act different in kind to that consented to, then although the two situations are obviously very similar, the analogy will fail.