I truly hate being an “I told you so,” And nothing could make me dislike this role more than knowing that 156 unfortunate girls suffered a horribly defiling crime – one that I’ve been jumping up and down to stop for the past 5+ years!
Yesterday, Dr. Lawrence Nassar, former USA Gymnastics team doctor, was sentenced to a 175 year prison term after 156 of his sexual assault victims stepped forward. He’d molested them by using fraud in the factum, one of two specific types of sexual fraud, to deprive them of their self determination over their bodies. Fraud in the factum occurs when the offender pretends their sexual conduct is something else. Nassar had pretended they were medically necessary components of treatment.
Fraud in the inducement takes place when the actor (offender) deceives the victim about their identity or their intentions. Whether their fraud is achieved in the factum or in the inducement, both types of sexual fraud vitiates consent; therefore, whenever fraud is used to induce sex, a sexual assault, not seduction, is taking place.
Legislative blow-back
The statements and actions of our legislators are mind-boggling. Not only do they smack of closing the barn door after the cows get out, 
they don’t even address the crux of the problem…… enlightening society and the justice system about what actually constitutes sexual assault.
According to the Washington Post, Speaker Paul Ryan stated “The crimes committed against these young women are atrocious and rattle us all to the core. The fact that it went unreported to law enforcement is intolerable — and it’s a huge wake-up call.” But for all his fiery rhetoric, it’s Ryan that needs to wake up! Victims can’t be expected to discuss or report a crime if they don’t realize it’s really a crime!
If Ryan really wants to make a difference, he’ll plug up the cavernous hole in penal code that sexual assault by fraud offenders fall through, unscathed, as their victims struggle with the aftermath, year after painful year, with no justice or validation.
A small step forward
Rep. Susan Brooks of IN introduced into federal law, S.534 – Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, In her words, the law “requires prompt reporting of suspected cases of abuse, mandatory training, and implementation of policies and procedures for preventing, reporting, and addressing allegations of sexual abuse at amateur athletic governing bodies, underscoring how imperative reporting victims of sexual abuse is.”
While a positive first step, it fails to contain a single, solitary word, definition, or explanation about what constitutes the misconduct on which the law is based. Defining sexual assault appears nowhere in the entire 18 page bill. In order for this law to have teeth, it must clearly identify: “Consent is freely given, knowledgeable and informed agreement – All non-consensual sex is sexual assault – No minor, regardless of their assent to any sexual contact, is capable, by law, of providing consent.”
The heart wrenching truth about victimization
Rachel Denhollander, the fist athlete who came forward with her complaint against Nassar, expressed that she had felt terrified. As she grew into adulthood, her sense of defilement stayed with her and she confided to her husband, “I’m dirty because of it. I feel like damaged goods.”
Those feelings are all too familiar to every victim of sexual assault by fraud!
Today, one solitary serial rapist, among countless others, was recognized and forced by the court to pay for his crimes. But millions of sexual assault by fraud victims still struggle with the overwhelming pain of feeling dirtied and defiled, with no one to give them comfort or justice.
Please call your legislator!
Tell them to add these words into S.534 today:
“Consent is freely given, knowledgeable and informed agreement – All non-consensual sex is sexual assault – No minor, regardless of their assent to any sexual contact, is capable, by law, of providing consent.”
People want to know why? How did this go on? Where were the parents? You’re asking the wrong questions. The power of deception, the abuse of their dreams, is the form of a modern-day spell if you would. Eventually the liar believes their own Lies. We also need to get in touch with our own gut emotions and listen to them. In our practice we recommend the book The Gift of fear by Gavin de Becker
Deception dates back through the ages. The myth of Leda and the Swan, is set around the Trojan War and portrays the ability of Zeus to transform himself into other creatures in order to sidle up to his targets. Even Socrates wrote about rape by fraud, which he referred to as “persuasion.”
We have only a few states in which rape by deception, even fraud in the factum -cases of doctors eliciting sexual contact with patients under false pretenses- is neither criminal nor prosecutorial. In fact, there’s a bill pending in MA, right now, to provide justice for medical victims. It was submitted last year, before the Nassar case went public. It was submitted because the prosecutor failed to go after a doctor who defrauded victims by claiming his behavior was medically necessary.
I find it absurd that legislators can cherry-pick a specific profession to prosecute the offense, completely denying justice to victims who were harmed in the exact same way by offenders with other types of employment. Fraud is fraud whether it comes out of the mouth of a doctor, a lawyer or an Indian chief.
This horror not only affects children. It affects everyone.
Here’s the link to my post on it: https://rapebyfraud.com/2017/05/17/good-newsbad-news-new-rape-bill-in-ma/
This is a distinction more of us need to talk about. It took me years to say my first encounter was rape. Second really, after molestation as a child…Should we talk more about grooming? And why is pornography always absent from these discussions? Porn addiction messes up brain chemistry, gives false illusions and the new lie I see everywhere, love is love does not help the cause. I pray your work reaches everyone. I posted it on three sites I admin. Ill add it to my other platforms.
Huge thanks for the boost Gretchen! You’re raising some great points!
Unfortunately, pornography is a legitimate business, protected by freedom of speech. I seriously wonder; however, if our forefathers really had sexual exploitation in mind when they created the first amendment. Pornography objectifies and contributes to the image that sex is an entitlement. I find it appalling when a mother finds pornography in their son’s possession, and fails to do or say anything to enlighten them.
I hate the word Grooming as it makes my skin crawl. Narcissist do it to their victims too like pedophiles. Many priest did this to the children they sexually violated. The big law suite against the Catholic Church, Not one went to court or jail. These girls who worked for their dreams since they were very young, were groomed by this sicko. He coned them and their parents. You are trusting and vulnerable to someone. The wolf in sheep clothing. I think that is what happened with the children actors that we have been hearing about them being sexually assaulted for many years. Many of us are survivors, but their are the very innocent children who get raped tortured and killed that makes me hurt to the core of my being. The evil monsters that live among us. Ms.Short I thank you for the work you do. We all can find something to put our energy into to make a difference. If you get a chance look at my FB Jan. 16 and see the story of Zainab a little girl who the most horrible crime I have heard this year happen to and she is gone. http://www.cnn.com/2018/01/12/asia/pakistan-zainab-notebook-intl/index.html
Healing- Thanks for bringing this news to our attention. What a horrible thing to happen to anyone, much less, an innocent child. She was tormented and snuffed out like her life didn’t matter, and all for the sexual pleasure of a predator. The morality of mankind is sinking into a sewer controlled by decadent beasts. ..