Ever heard the term “Keep It Simple, Stupid?” I don’t think any of you are stupid…. it’s just a metaphor. But applying the #KISS theory to sexual assault laws could save countless victims!

Our laws on sexual assault are not only stupid and ridiculous, but they’re the reason rape mentality exists! The solution isn’t rocket science… it’s simple! Here’s what the laws for sexual assault should say, all across our great nation, and around the world…..

NON-CONSENSUAL SEX IS SEXUAL ASSAULT:

CONSENT IS FREELY GIVEN, KNOWLEDGEABLE AND INFORMED AGREEMENT #FGKIA

We have President Obama, Vice President Biden, and the ItsOnUs Movement to thank for the first line. It comes directly from the ItsOnUs pledge.

The second line, which is necessary in order to establish what “non-consensual” means, is the actual definition of “consent” – which is rarely understood by society and our penal codes.

Confusion between “agreement” and “consent”

Much of society thinks “consent” simply means “agreement.” But rather, it is one of many forms of agreement. More specifically, consent is “freely given, knowledgeable and informed agreement.”

Another example of a form of agreement is “assent.” Assent means “agreement on the face of it.” Based on what you know to be true at the time, you are agreeing. But obviously, if what you know to be true, indeed, is not true – even though you “assented” – the offender who deliberately lied, ripped you off. That’s why Bernie Madoff is in jail. His victims “assented” based on what they knew to be true at the time, and they had a “reasonable basis” for believing his lies. But they did not “consent” to give him their money; they simply “assented.”

Here’s another type of agreement: “acquiescence.” Acquiesence means agreement under duress. Because acquiescence is not “freely given,” it cannot possibly qualify as “consent” under the law. For that reason, victims who acquiesced to Harvey Weinstein’s behavior suffered a sex crime.

Sexual assault will be clear in Penal Code when it is written in plain and simple English! 

Consent provisions often define consent by what it’s not. And they differ from state to state. What constitutes consent can be different 10 miles down the road from where you’re standing right now if you are close to a state border. Many consent provisions are fashioned after Model Penal Code which states, “Consent is innefective (what it’s not) when induced by force, duress, or deception.”

Even though deception clearly undermines your ability to consent, it’s deliberately expunged from most penal codes so that our courts don’t need to deal with rape by fraud. But unless we do so, the true meaning of consent can neither be understood in penal code nor more generally, by society. And victims who suffer sexual assault by fraud, although horribly defiled, can never seek justice. 

The bar is high on sexual assault by fraud cases that can actually reach a courtroom. There must be sufficient evidence to warrant that a crime took place, and the victim, as in all other crimes involving fraud, must have a reasonable basis for believing the lies. In Tennessee, which has had the most comprehensive rape by fraud laws for over a decade, only two cases have ever come to trial.

The case of Dr. Larry Nassar, the doctor for the Olympic Gymnastics team in which 156 victims came forward,  is an example of sexual assault by fraud in the factum. Other types of deception, called fraud in the inducement, also deprive the victim of consent and should be dealt with under the law.

The price society pays to deprive sexual assault by fraud victims of justice deprives other sexual assault victims of the clear pathway to justice for themselves, and perpetuates rape culture.

Do what it takes!

Call your legislators and insist they enact legislation to get consent properly defined in the penal code of your state, today. Don’t vote for them again if they fail to support the language that can put an end to rape mentality.

NON-CONSENSUAL SEX IS SEXUAL ASSAULT:

CONSENT IS FREELY GIVEN, KNOWLEDGEABLE AND INFORMED AGREEMENT #FGKIA

For more information on consent and the prevention of romance scams as well as other sex crimes, read Combating Romance Scams, Why Lying to Get Laid Is a Crime!