Do legislators Enable rape?

Indiana State Representative Wendy McNamara

On October 6th, the Legislative Interim Study Committee on Consent in Indiana, comprised of 14 Indiana legislators, and led by Representative Wendy McNamara, proved that legislators give lip-service to the problem of sexual assault, but fail to produce meaningful solutions.

In spite of protests by three legislators from both sides of the aisle, McNamara insisted on filing her committee’s report with NO support for a consent bill. She even refused to include any mention that the committee would continue to research and work toward a solution.

According to The Statehouse File.com from Franklin College, McNamara said: “I don’t think we necessarily gleaned from testimony that we need a definition as a state. I’m not prepared at this time to say we in essence recommend that we have to have a definition.”

Apparently, we need to ask Representative McNamara- “How does an obscure concept of CONSENT possibly convey an understanding of rape to the residents of Indiana? And how do you expect sexual predators to be held accountable when you, as a law maker who your constituents have entrusted with protecting them, knowingly fail to define consent in Indiana’s laws?”

In the upcoming election, voters should be deeply concerned with supporting candidates who fail to pledge to #CodifyConsent. The people of Indiana will know how their candidates stand on this issue because CAN will be tweeting every candidate over the next few weeks. And you, no matter what state or jurisdiction you live in, should do the same….. #WillYouCodifyConsent?

The Consent Awareness Network placed the need for a consent definition in Indiana right in front of the committee members’ noses.

In fact, the launch of the committee’s efforts began with a video we submitted, featuring Weinstein Survivors, Mimi Haley and Tarale Wulff, like this one. Their testimony included the fact that the jury asked for the definition for consent, and that because New York state also fails to define consent in its penal code, the judge simply replied, “Use your commonsense.”

Does McNamara actually believe that each jury should make up their own definition for consent, or should they decide the case based on the evidence presented at trial? How does making up their own definition serve society’s right for the equal protection under the law granted by the 14th Amendment of the United States?

Additional Supports

We also provided the study committee with a well-researched draft bill we’d worked on with the legislators in Pennsylvania, as well as free copies of “Your Consent – The Key to Conquering Sexual Assault.”

Here’s why legislators turn a blind eye to defining consent in our laws:

Centuries of horrifically ignoring sexual sanctity are so engrained in our penal codes that legislators are tone deaf on changing the laws.

Even Greek mythology ignored the concept of consent as in the tale of “Leda and the Swan” in which Zeus takes the form of a swan to have his way with Leda.

Our laws recognize that consent is freely given, knowledgeable and informed agreement #FGKIA when protecting your property, your medical decisions, your identity on the internet, and countless other things. But the need for applying that same concept to protecting a woman’s body is treated as absurd and unimportant.

Our forefathers, many of whom had horrific records of indecent sexual conduct, fashioned laws with no regard for women, and still do so even though sexual assault can affect men as well. But there are far more voting males who are covert sexual predators, then the amount of voting male victims of sexual assault. To legislators, votes matter!

It’s baffling how law makers rely on the opinions of the legal establishment to determine what harms their constituents suffer.

Behaviors are and should be crimes because of the harm they inflict on society; not the ease or difficulty to prosecute in a court of law. Law makers put more stock in what the legal establishment says about prosecution than what their constituents actually need for protection.

CAN, including Cheryl Carmel, the Foreperson for the second Bill Cosby jury, meeting with Senator Katie Muth in Pennsylvania

The Consent Awareness Network has engaged in efforts to secure appropriate “Consent” language in penal codes in several states including MA, PA, AK, UT, NY, IN, TX, SC, and more. Each legislator we spoke with is clear that consent is freely given, knowledgeable and informed agreement, #FGKIA, but in each and every state, the legislative reliance on the legal establishment is creating an impasse to securing appropriate protections for society. 

Lawmakers did not have to ask permission from the legal establishment to determine what constitutes murder. We all know that the pre-meditated killing of another human being is a crime. The US Department of Justice Statistics tells us that only one third of violent crimes actually lead to an arrest. Despite the difficulty pursuing murderers, we still recognize what murder actually is. Despite the difficulty pursuing sexual predators, our laws must correctly state that consent is freely given, knowledgeable and informed agreement, and that nonconsensual sex is a crime!

Call your legislator. Demand that they #CodifyConsent in your state. If you’d like CAN’s help securing correctly defined “consent” in your penal code, contact us at info@ConsentAwareness.net.

Once our lawmakers get CONSENT right, the legal establishment will have to prosecute or defend sexual assault cases according to the law. Reliance on the legal establishment to create the law is like the tail wagging the dog! In this case, it’s a very complacent, cavalier dog that thinks society won’t recognize how complicit they are in enabling rape.

Stop the ignorant nonsense. Demand that legislators #CodifyConsent today!

Leave a Reply