The score is currently 1,051 “no” to 50 “yes.” The question? Should lying about yourself for sex be considered rape? This poll is being conducted by NJ.com.
It’s really troubling that so few people responding have any sense of the foulness of defrauding a person for sex. And the media is spinning it in a way that incites hysteria. Here’s my response to the offensively silly questions that have been raised on this issue on NJ.com and elsewhere.
Here’s your statement::
“In other words, it’d be illegal to tell someone you were a millionaire to coerce them into bed if you are actually broke.”
Sorry, but you’re misleading the public.
Here’s what they actually need to know about this law….
Several types of non-violent rape are, in fact, punishable in NJ….
When a person is slipped a drug, or under the influence of dope or alcohol, violence does not necessarily occur. When a person is underage or mentally incapable of consent,violence does not necessarily occur. All of these forms of prosecutorial rape have a common core. They are all a means that offenders use in order to vitiate a victim’s “knowing consent” over their sexual sanctity, and strip them of self determination.
In fact, violent sexual assault is the crime of “sexual assault”, not “assault,” because it vitiates the victim’s “knowing consent” over their sexual sanctity.
So violence, doping, intoxicating, coercing, sexually violating someone too young, or too mentally challenged, are all manners of sexual assault, because they ALL vitiate knowing consent. Likewise, fraud vitiates knowing consent, and when used in sex, it vitiates the victim’s knowing consent regarding their sexual sanctity.
These are the legal premises that apply:
A. “Non-consensual sex is sexual assault.” Don’t believe me? Read the It’sOnUs Pledge endorsed by President Obama.
B. Global Consent, according to Model Penal Code- “Consent is INEFFECTIVE if induced by force, duress, or deception.” Global Consent pertains to all things, (that;s why its called “global,”) not all things except sexual assault!
This law simply connects the dots between these two widely accepted legal premises. And by, the way, several states have similar laws. Tennessee and Alabama in particular, although various scenarios of rape by fraud are covered in other states as well. No one goes to jail in those states for saying they’re a millionaire when they are dirt poor.
Again, your words:
“The measure doesn’t consider sexual assault by fraud any less serious than other types of sexual assault already on the books. It could be a first degree or second degree crime depending on “the circumstances surrounding the act.” The punishment could be 10 to 20 years in prison in the former and 5 to 10 years in prison in the latter.”
Every state’s penal code establishes “degrees” for each crime. The media has incorrectly stated how that works. No one in their right mind would ever equate the nightmare of violent rape with the severity of ANY form of non-violent rape. But all forms of rape will cause the victim to feel defiled.
The DEGREE of severity will be up to the powers that be to ascribe, as is the custom for every other crime that exists in New Jersey’s penal code. And the degree of crime for this law has yet to be established.
So let’s look at who will actually be punished for committing this crime…
Will lies of “he said, she said” in which there is insufficient proof for the Prosecutor to try a case, or for the Grand Jury to indict lead to an arrest? Ridiculous! So all the silliness of getting arrested for wearing false eyelashes or Spanx is just that… silliness. A person’s appearance could never get them arrested under this law.
No one could be arrested for telling someone they are Brad Pitt’s best friend or that they will marry the person in the morning and fail to do so.
Don’t get me wrong… it’s not that this form of lying to secure sex isn’t a crime….. but there must be a level of proof that is prosecutorial in order for an arrest to be made. If you’re driving 56 in a 55 mile an hour zone, are you speeding? Sure! Will you be arrested? How absurd!
A person who lies about their intent would simply insist that they changed their mind. And lies of identity can only be pursued with sufficient proof to convince a Prosecutor, Grand Jury, and a Jury.
People who come into the room under cover of darkness and pretend to be someone they are not… the boyfriend, husband, wife, etc, of the victim, can be prosecuted.
People who engage in an elaborate hoax for which there is ample proof, can be prosecuted.
People who are told the doctor is penetrating them with a medical instrument, but inserts his man-parts instead can be prosecuted.
People who defraud a victim into thinking they are perfectly healthy when they can transmit a life altering communicable illness can be prosecuted.
Anything that is new to people will frequently meet with scorn and ridicule. This law is no different. Scorn and ridicule are often the first step toward acceptance.
Lying to sexually penetrate a victim is a defilement. Lies are not prosecutorial without significant proof. So folks can keep taking off those wedding bands, but if you do so, you should know that you are a CAD and you are defiling them, not seducing them. BTW, I keep a list of people who are reported to me for doing so on my blog, http://www.RapeByFraud.com.