Texas Rape Law Ignores a Vicious Form of Fraud – And so do most states!

Image result for implantation photos

Watch #SeedOfDoubt on ABC’s 20/20 tomorrow night, 10/9c,  to see yet another way the laws of Texas denies justice to its residents! 

Be sure to watch this compelling story, and contact your legislators to demand that “fraud” be an element of sexual assault in your state!

20/20’s episode shows how a young woman who came to life as the product of artificial insemination, believed her father was donor #106, and they enjoyed a close father/daughter bond….. except….he wasn’t really her father.

Consent is the critical key that should separate lawful contact with a victim’s reproductive organs from unlawful contact. Yet in Texas, sexual assault law does not protect against a fertility doctor swapping sperm to implant his patient…. a decidedly vicious sexual assault by fraud.

Consent is not simply agreement.

Consent is freely given, knowledgeable and informed agreement, #FGKIA.

Unless and until Texas Penal Code applies consent appropriately and states that all conduct involving a person’s reproductive system – that lacks consent – is a crime, criminal behavior such as this will continue to fall through legal loopholes.

Swapping sperm violates victims on several fronts:

  1. Fraud vitiates the consent form which was required in order to perform the medical procedure since the patient was not knowledgeable….. rendering the medical procedure an illegal act.
  2. Fraud violates the victim’s sexual autonomy, a sexual assault,  because the patient was not knowledgeable and informed. She could only “assent” which means “agreement on the face of it.” She could not “consent” which means “freely given. knowledgeable and informed agreement.”
  3. In matters of reproduction, fraud creates the bond of pseudo-family. Revelation could be devastating to all parties.

The laws of Texas are upon you, or, at least, they should be

In Texas, “consent” is ignored where rape and sexual assault is concerned. In several efforts to report rapes to various precincts, police officers, and even a Sergeant, recently told victims, “Consent is not an element of rape in Texas.”

#SexualAssault Laws without #FGKIA!

Violating consent is clear when someone steals property…. but the same consent provision that protects property is not applied in protecting a person’s sexual autonomy. Instead, the legislators of Texas have chosen specific acts of sexual assault to prosecute… a system consistent with using an umbrella made of Swiss cheese to protect against  a storm.

Texas should take a cue from Missouri or from my TEDx Talk! 

Unlike Texas where fraud only protects against theft and not sexual assault, Missouri’s Rape in the 2nd Degree statute clearly states: “Assent is not consent when induced by force, duress or deception,” While Missouri expresses when consent does not take place, my TEDx Talk, “When YES Means NO – The Truth about Consent,” clearly defines what consent actually is – Freely Given, Knowledgeable and Informed Agreement. #FGKIA!

Did the patient freely give the doctor knowledgeable and informed agreement? There’s no Swiss cheese when #FGKIA is applied. It’s an all-encompassing umbrella!

8 thoughts on “Texas Rape Law Ignores a Vicious Form of Fraud – And so do most states!”

  1. What a great article in the Times “Is Sex by Deception a Form of Rape” its been 2 years since my breakoff with the creep who lied about everything with me. He lied about being divorced when he was still married, not even separated! He even produced a fake divorce certificate to prove he was divorced. The lies were so well orchestrated and elaborate. They were brilliant actually.

    I’m a gay man who is pretty astute and adjusted. I’m a good read of people, but this has thrown me for a loop. I want to move on and well, at times I’m not sure I know how. I get anxious and depressed when I think about pursuing legal action against him. He lives in PA I live in NY. But I just realized he is still out there pursuing “relationships” with men while he is still with his wife. She even knows bc I met her 2 years ago.

    We were both devastated by what we learned about him. I have yet to meet other men this has happened with (with him). Over a year ago I caught him stalking me. I called the police to file a report but they said he had to do something before they could prosecute. I hired a lawyer to write a letter. He wrote a Cease and Desist letter. The cad called the lawyer stating he wouldn’t pursue me ever again. He realized his image could get tarnished. He’s actually a well known commercial artist with a large fan base. I have the proof to ruin him. Or maybe I don’t, I mean look at our president. Any advice?

    1. John-

      Your case is eerily similar to one of our Outreach Ambassadors in Texas. The cad’s name doesn’t happen to start with a K, does it? In her case, the jerk showed her a divorce decree as well….. raised seal and all!

      I’m so sorry to hear of your misfortune and hope you’re well on the road toward healing. Unfortunately, lying to get laid is not a crime in either PA or NY. NY actually has a “consent” provision in its penal code. However, deception is not among the elements it considers for consent. I’m trying to change that and you could possibly help… big time! Please contact me at Info@ConsentAwareness.Net.

      As to PA, they have no consent provision in their Penal Code. Both I and our ConsentAwareness.Net Outreach Ambassadors are planning a meeting with legislators in PA next week….. so stay tuned.

      As to getting even…. most of the efforts you may make to enlighten the world around him would be considered “stalking” on your part.

      Seeking damages for emotional distress is extremely difficult and costly. And it is likely that you’ve exceeded the statute of limitations on this type of case.

      My best advice is to help us turn your misfortune into new, appropriate laws for society, and I thank you for your comment.

      1. Joyce
        I was thinking the same exact thing. Could this be the same cad whose name begins with K? In fact, the divorce decree that was produced to me by K was a PA divorce decree. K use to live in PA and has ties in NY. His son lives in NY. I am curious to know if there is any connection.

        1. @TOA- Eerily similar! I hope John recognizes the value of multiple reports on the same offender and writes back to us at info@consentawareness.net with more information. He’d stated that he was harmed two years ago which would likely be past the statute of limitations on a civil case, but could have a positive impact on the second case which is still within the TX statute.

          Whether it’s the same offender or not, it could help in establishing this behavior as a crime.

        2. This divorce decree was shown to me online… that it, is it was an email picture so if there was a stamp I couldn’t see it. I later googled Divorce Certificate and a blank decree showed up. Anyone with basic Photoshop skills could print out and fill it in.

          1. Thanks for that tip John. Imagine the mindset of someone who would stoop so low to manipulate their target into sexual conduct! It’s truly ironic that this totally pre-meditated way to undermine someone’s sexual autonomy is not considered a crime in most states.

      2. Sorry for not replying sooner I didn’t get any alerts that there was a reply. No his name does not begon with K. Why are we being so careful to mention names. I would love to here actual names! These people need to be held accountable.

    2. John
      I agree that the Times put out a great article regarding Rape by Deception. Our society needs to be educated and enlightened on this. Your story sound so similar to mine. I would love to know more about your story. I know this must be painful,but you can get through it with the right support team. Exposing the lies this man has imposed on you could possibly help and save someone else from becoming a victim. It is all how you go about it. I wish peace and healing upon you. Just know that you are not alone.

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Defining "consent" in our laws will make the world a safer place!

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