If House Bill #5, introduced by Representative Geran Tarr passes, it surely will be! Your chance to stop this archaic, harmful rape mentality from embedding in the penal code of yet another state is tomorrow, April 13th, at 3 PM PST.

The language in Rep. Tarr’s bill states:

“Sec. 6. AS 11.41.470 is amended by adding a new paragraph to read:
(9) “consent” means a freely given, reversible agreement specific to the conduct at issue; in this paragraph, “freely given” means agreement to cooperate in the act was positively expressed by word or action.”

CONSENT is just plain commonsense- and this bill does not accurately define what consent is. Consent is accurately defined in Nuremberg Code, General Data Protection Regulation (GDPR,) and NY State Assembly Bill #A6540:

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

Please note that consent can only occur when the parties to the agreement have the capacity to reason, therefore, a child who has not attained the age of reason, someone mentally compromised, or incapacitated by drugs or alcohol, is not capable of consent, even if they agree.

Correctly defining consent makes it crystal clear that the offender cannot maliciously extort agreement, regardless of the words and conduct of the victim, and claim that they had the victim’s consent.

It’s time our laws rip off Penal Code’s consent-blinders that make sexual assault the fault of the victim!

HB#5 fails to consider power differentials or deceptions that would cause the victim to act in diametric opposition to their will and their interests. And it fails to consider that the offender knows they have extorted agreement maliciously even when victims, themselves, do not.

Under Rep Tarr’s bill, the defense can argue against coercion and fraud on the basis that the victim’s words and actions signaled agreement. This language is the root of why defense attorneys are able to tear into the character and behavior of the victim to defend their client against rape and sexual assault charges. No other crime on the planet makes the victim responsible for the harm they suffered.

How can you help?

Tomorrow, April 13th, at 3 PM, GMT-8, (Anchorage Time) a live legislative hearing will take place in Alaska on HB#5. You can watch the hearing on this link. Be sure to tap the “Live Now” tab.

You can call the legislature to express your opinion at the hearing . The legislators will be listening. Here are the numbers you can dial, depending on where you are located:

From Juneau & Anchorage- 907-586-9085

From anywhere else- 844-586-9085

You can also email legislators (or phone and email) at house.state.affairs@akleg.gov

Be sure to convey that the words and actions of the victim should never be on trial. The words and actions of the offender, who influenced the decision making processes of the victim, are what constitutes the crime.

Stop consent blindness from becoming Alaska’s law, and help open every state’s eyes to the archaic use of “words and actions” to determine when rape or sexual assault takes place.! Sex crimes happen when sexual predators exploit their victims for carnal contact.

Here is the statement I will be making during today’s hearing if I’m able to secure access. Feel free to use any portion of it in the statement or email you introduce:

“I’d like to thank each legislator for your time and consideration today.

I’m Joyce Short. I am the author of “Your Consent, the Key to Conquering Sexual Assault” and the founder of the Consent Awareness Network. While there is nothing I’d like better than embracing a bill to prevent sexual assault, I cannot support HB5. And the reason is:

HB5 creates a contradiction that will embed rape mentality in Alaska’s penal code.

HB5 correctly defines consent as freely given agreement. Therefore, by its very nature, such agreement cannot be achieved through malice such as force, fear or fraud. I like to call them “the three f-words” than should never take place in sexual conduct.

It is the conduct of the accused, in securing agreement……in other words, did they employ a malicious means to secure their victim’s agreement, which separates sex from sexual assault; not the words and actions of their victim,….. the criteria stated in HB5.

HB5 clearly states the freedom to choose, free of undue influence, and the disregard for this freedom together in the very same provision.

The words and actions of the accused determine whether they committed murder, larceny, kidnapping, theft, and a host of other crimes. By including, in sexual assault law, that the words and conduct of the victim determine whether a rape or sexual assault takes place, HB5 contradicts the premise that consent must be freely given, and instead, blames the victim for their own rape and  defilement.

Agreement from a person who is scared into agreeing is acquiescence. Agreement by a person who is defrauded into agreeing is assent. In fact Missouri’s rape in the 2nd degree statute states clearly that Assent is not Consent when induced by force, duress or deception.

All offenders know whether they are using malice to gain compliance from their victim. The use of Force, fear and fraud is premeditated. It does not occur accidentally. Whether or not the accused used malice to gain access to the victim should be the single determining factor in whether or not they committed a sex crime…… not what the victim said or did that resulted from that malice.

I urge legislators to adopt the definition for consent proposed in Assembly bill A6540 in NY. The identical bill is also awaiting an index number in New Jersey, and has been drafted and awaits introduction in Pennsylvania.

And I further urge legislators to strike the rape mentality that blames victims, not the offender whose premeditated malice stripped them of their self-worth and shattered their trust.

Failure to do so enables defense attorneys to shred the character of the victim on the stand. Removal creates trials in which the conduct of the offender, not their victim, determines their guilt or innocence.

I am readily available to discuss this issue further with any legislator who is interested.

A person’s body is not the offender’s entitlement. It’s where they live. Alaska’s laws should protect the bodily autonomy of every resident or visitor to your great state whether male or female.

Thank you for your time and consideration.”

SUPPORT #A6540 to Define CONSENT in our laws!

Assembly Member Rebecca Seawright recently introduced Assembly Bill #A6540, Defining Consent, in New York’s general laws. This definition should echo throughout the halls of justice in every state and territory across the US and around the world! It will set the record straight on consent in all crimes, place responsibility for sexual assault, rape, and sex trafficking on the shoulders of the offender, and prevent the victim-blaming concepts that have been ingrained in our sexual assault laws for centuries.

Why is this important to you even if you’re not a New Yorker?

All legislation begins because one legislator is brave enough to make a difference! Assembly Member Seawright has stepped up to do so. Once one jurisdiction codifies a code, it opens the door for others to follow and illuminates their path.

Currently, no US state or territory defines the word “consent” in its laws. This deficiency makes prosecuting sexual predators extremely difficult and fails to provide the guidance to hold them accountable. #A6540 not only defines consent in sexual assault, but in every crime covered in penal code, the word “consent” will be recognized as “Freely Given, Knowledgeable and Informed Agreement, #FGKIA.”

A press conference to introduce the bill to media took place at the office of Asm. Rebecca Seawright at 12 noon on the Day of Action, Tuesday, April 6th.

Can you help create this monumental change?

You can log onto the webpage for the bill and give it an “aye” vote. While you’re there- please leave a comment as well!

And there’s more…..

A template is below in support of NY State Assembly Bill #A6540 and Senate Bill #6200. Or simply use this QR. It will send the email for you to the authors in both legislative houses.

Assembly Member Rebecca Seawright for Bill #A6540 . Tap this link to send an email message of your choice or from the template.

Senator James Sanders Jr. for Bill #6200. Tap this link to send an email message of your choice or from the template.

The bills are currently located in the Codes Committees for their respective houses. The members of the Assembly Committee are listed below. It is very helpful to send emails or make calls to them as well.

Every single one of them needs to know YOU support #A6540 and S6200!

Template

April 6, 2021

Dear _______________________________,

I support Bill #A6540, defining consent as “freely given, knowledgeable and informed agreement!

1. The lessons learned from the Weinstein and Cosby trials can fix our broken justice system regarding sexual assault, and this bill creates the needed clarification. No judge should ever refuse to define consent when asked by the jury. This bill provides the accurate definition that will guide behavior and hold sexual predators accountable.
2. The 14^th amendment of the US constitution grants everyone equal protection under the law. Sexual assault laws cannot provide equal protection unless and until every jury defines consent accurately and consistently.
3. The guidance provided by this bill will prevent the blame-the-victim language in our laws that enables defense attorneys to pull apart victims on the stand. It makes clear that the offender’s behavior, not the “words and actions” of the victim, such as their clothing , their prior sexual history, or even their past relationship with the offender, is the determining factor in whether consent occurred because when malice by the offender is present, consent is not.
4. Consent is a word with a definition. The definition does not change based on the application. No matter what you are consenting to, the definition remains the same. If you are consenting to turn your property over to someone, if you consent to taking a Covid 19 vaccination, if you consent to sexual conduct, consent is always freely given, knowledgeable and informed agreement.

Sincerely Yours,

NY State Assembly CODES COMMITTEE

Jeffrey Dinowitz Chair 718-796-5345 dinowitzj@nyassembly.gov

Thomas Abinanti 914-631-1605 abinantit@nyassembly.gov

Vivian Cook 718-322-3975 cookv@nyassembly.gov

Catalina Cruz 718-458-5367 cruzc@nyassembly.gov

Steven Cymbrowitz 718-743-4078 CymbrowitzS@nyassembly.gov

Patricia Fahy 518-455-4178 FahyP@nyassembly.gov

Andrew Hevesi 718-263-5595 hevesia@nyassembly.gov

Charles Lavine 516-676-0050 lavinec@nyassembly.gov

John K. Mikulin 516-228-4960 mikulinj@nyassembly.gov

Angelo J. Morinello 716-282-6062 morinelloa@nyassembly.gov

Daniel O’Donnell 218-866-3970 odonnelld@nyassembly.gov

N. Nick Perry 718-385-3336 perryn@nyassembly.gov

J. Gary Pretlow 914-667-0127 pretlowj@nyassembly.gov

Michael Reilly 718-967-5194 reillym@nyassembly.gov

Linda Rosenthal 212-873-6368 rosenthall@nyassembly.gov

Rebecca Seawright (Bill Author) 212-288-4607 seawrightr@nyassembly.gov

Michael Tannousis 718-439-8090 tannousism@nyassembly.gov

Clyde Vanel 718-479-2333 vanelc@nyassembly.gov

Latrice Walker 718-342-1256 walkerl@nyassembly.gov

David Weprin 718-805-2381 weprind@nyassembly.gov