Texas Needs a “Consent” Overhaul!

Thanks to Maureen Harrison for pointing out the penal code conundrum in Texas.

While the Longhorn State is long on “consent” definitions, they apply to theft but not sexual assault.

Texas legislators make the same outrageous mistake other legislators make. They act as if the meaning of the word changes when it’s applied to different conduct. It does not. It means one and only one thing…. #freely given, knowledgeable and informed agreement #FGKIA, all the time, every time!

To further the explanation…. consent is ineffective if induced by force, duress or deception. Why is this?? Because consent is freely given, knowledgeable and informed agreement!

Applying consent to crime

You can apply the meaning of consent to each and every crime in the universe, whether it be theft, sexual assault, medical experimentation on a human being…. anything! The definition of consent does not change with circumstance. It is what it is!

Obviously, while Texas legislators are inclined to protect personal property, like oil, steer, jewelry and cash, a woman’s right to self determination (autonomy) over her body is irrelevant to them.

Please don’t get your nose out of joint about my use of the “she” word….. Far more sexual assaults harm women than men. And in the state of Texas, where only 20% of all legislators are women, is it any wonder that a female’s body is less important in their penal code than a legislator’s car?

My recommendation to rape by fraud complainants in Texas:

Have you asked an attorney about the following statute? Better still, try filing a sexual assault charge at the precinct. Bring a friend with a camera. Bring a lawyer.

22.011(a) (1) a person commits an offense (sexual assault) if the person intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means without that person’s consent.

Further, the statute identifies multiple non-violent but non-consensual acts. Fraud, however, is not on the list, but if the state correctly applied consent as it appears in 1.07-19 (below), it sure should be! For the state’s penal code to define something and have the justice system close their eyes to that definition in other areas of law is absurd!

Bring both statutes with you to the police. It would help if you had a supportive attorney with you. Do you have a chapter of NOW in your area? See if they can help you locate a supportive attorney.

What if the precinct refuses to act? 

That’s what the camera is for. Policy and laws change because what currently exists fails to work. Take that video footage to your local legislator. Take it to the press. Create the public outrage needed to make a difference! While you might not secure justice on your personal case, you’ll conquer the laws in your state to protect against this defiling crime. And you’ll make it impossible for the sexual predator who harmed you to do the same thing to someone else!

If you were raped by fraud in Texas, you can help!

Contact me right away! Consent.Awareness@yahoo.com

Here’s what Texas’s Penal Code says about CONSENT:

THE LAW Section 1.07-11  Consent means assent in fact whether express or apparent.           Section 1.07-19 “Effective Consent” Consent is not effective if: (A.) induced by force, threat or fraud.

THE ISSUES 1.07-11 This clause is not only poorly written, (should state, “expressed”) but consent means far more than assent. Assent is agreement on the face of it; consent is freely given, knowledgeable and informed agreement. This law should correctly state: Assent is not consent when induced by force, duress, or deception like the Rape in the 2nd Degree law in Missouri. 1.07-19 This definition indicates what consent is not, but still does not indicate what consent is. Here is how this statute should be re-written, and applied anywhere consent is required, including sexual conduct: Consent- In order for agreement to be effective, it cannot be induced by force, duress or deception. Agreement must be freely given, knowledgeable and informed in order to qualify as consent.

Want more information about consent? Get Your Consent – The Key to Conquering Sexual Assault

Watch, share and comment on this TEDx Talk, When Yes Means No – The Truth about Consent