Join us when we discuss the laws on CONSENT with Weinstein survivors, Jessica Mann and Mimi Haley, Assembly Member Rebecca Seawright, and President of the NY State Trial Lawyers Association, Michele Mirman on Thursday, July 16th, at 7 PM EDT.
In the US, states often attempt to define the word “consent” by what it’s not instead of what it is. And our system of justice ironically changes “consent” depending on what you’re consenting to.
Regardless what antiquated, inaccurate penal code tells you, whether consent is applied to cyber security, theft, medical treatment, research experiments, sexual assault, etc., consent is always the same….. #FGKIA, Freely Given, Knowledgeable and Informed Agreement.
Almost one year from the date of disgraced comedian Bill Cosby’s conviction as a sexual predator, April 26,2018, a new book will be released that supports, categorically, that my recommended definition for #CONSENT – Freely Given, Knowledgeable and Informed Agreement, #FGKIA, – is absolutely correct!
Huge thanks to Nina, from New Jersey, for passing this information along!
Page Six covered the story of the book’s release yesterday. Fortunately, the foreperson for the jury, Cheryl Carmel, had been working with a newly enacted European data protection law. She told her fellow jurors, “This is the most far-reaching law anywhere in the world for individual privacy, and the basis of the law centers around an individual’s ‘consent.’ ”
The Page Six article states:
The definition of consent in this privacy law states it must be freely given, specific, informed and unambiguous. It must be given by a clear affirmative act; it must be demonstrated that each of the above tests occurred, and it must be able to be withdrawn at any time.
“This is the privacy definition,” she said. “Surely, there is a specific legal definition of consent for criminal acts such as aggravated indecent assault.”
It turns out there isn’t, at least not in Pennsylvania.
The jury sent a note to the judge, requesting a definition of the word. The judge replied in open court. His reply was perplexing to the jury; they were informed that there isn’t a definition — that is, Pennsylvania law does not offer a definition of “consent,” and the judge advised the jurors to define the word for themselves.
Convicting sexual predators cannot rely on Cheryl Carmel being the foreperson for every sexual assault jury!
As I clearly stated in my TEDx Talk, every state and territory must have a clearly stated and accurate definition for consent that guides people’s behavior and holds sexual predators accountable. My TEDx Talk and my book, “Your Consent – The Key to Conquering Sexual Assault” focuses on the consent issues from state to state and clearly explains why Nonconsensual Sex Is Sexual Assault, and CONSENT is Freely Given, Knowledgeable and Informed Agreement, #FGKIA!
It’s not over ’til it’s over, and you can do your part to insure it never happens again!
One of the oldest doctrines in law is “Nulla poena sine lege.” (How old? It’s Latin! It dates all the way back to the Roman era.) It basically means, “What is not prohibited by law is permissible.” This doctrine keeps the gates open on whether the judge and jury were within the bounds of PA law in determining Bill Cosby’s fate, a premise Cosby’s attorneys will likely argue upon appeal.
This doctrine and its application are the route of why we must have an overall recognition that nonconsensual sex is sexual assault in our penal codes. Law makers could not even begin to state the infinite ways a person can be sexually assaulted, just as they cannot possibly predict the infinite ways a person can be murdered. We know when someone kills another person by any means, they are a murderer. Our laws must reflect that when someone sexually violates a person by any means, they are a sexual predator committing a sexual assault.
You can help make a difference!
You can stand up for defining consent as #FGKIA in the laws of every state, including PA, and establishing that Nonconsensual Sex IS, WAS and ALWAYS WILL BE, Sexual Assault!
Help get this across to society by doing the following today:
There are soooo many lessons to be learned by Bill Cosby’s trial and conviction! Today, as he was led to prison in handcuffs, the wry smugness that had punctuated his features had finally vanished. The downward cast of his eyes in his mugshot mimicked the steep decline of his fall from grace.
Here’s my take on the three biggest lessons we can learn from his conviction…..
Andrea Constand’s Impact Statement underscores that violence is far from the only way victims of sexual predators can be harmed. Instead of using violent force to overwhelm her, Cosby used drugs. Constand’s brains were muddled and it was impossible for her to freely give knowledgeable and informed agreement. #FGKIA
Just like Constand was denied consent by Bill Cosby, any victim who is denied consent is sexually assaulted, not seduced.
It’s high time for our law makers to get it right and protect society!
Our present system of testimony in sexual assault trials is appalling. Constand admirably described her ordeal at her deposition for her civil case:
I had to relive every moment of the sexual assault in horrifying detail in front of Mr. Cosby and his lawyers. I felt traumatized all over again and was often in tears. I had to watch Cosby make jokes and attempt to degrade and diminish me, while his lawyers belittled and sneered at me. It deepened my sense of shame and helplessness, and at the end of each day, I left emotionally drained and exhausted.
There is no reason why the offender and the victim must actually sit in the same room. With our present state of technology, this method of questioning is outdated and unnecessary. By its very nature, it’s intimidating and one of the reasons sexual assault victims refrain from speaking up. It forces the victim to relive their trauma in front of the very person who traumatized them.
Murder victims are not alive to testify in person about their murder, yet justice proceeds. Victims whose soul has been murdered should not have to be in the same room as the person who murdered their soul. It’s cruel, and thanks to technology, it’s unnecessary.
One person’s testimony meant nothing to law enforcement. Constand’s case only succeeded in generating action once scores of victims came forward. Her story is the same for countless victims that report the horrific crimes they suffered. Instead of securing the support, help, and justice they sorely need, they’re met with disdain, disbelief and dismissal from the authorities. Had Cosby not been a public figure, it’s unlikely he would have been arrested on sexual assault charges.
In another less high-profile case, Mario Anioine, in Kansas City Missouri, harmed 30+ women. A Federal Prosecutor called him a “serial rapist.” Yet the SVU Prosecutor failed to file charges for rape against him. Fortunately, he was ultimately found guilty of federal cyber crimes.
Each victim of sexual assault deserves to secure the unequivocal support of law enforcement. Their attitude toward non-violent rape or rape by acquaintances is appalling. NYPD Commander Peter Rose of the 94th Precinct disclosed the horrid underbelly of police mentality toward acquaintance rapes when he stated that violent rapes by strangers was a real crime and ignored 10 out of 13 acquaintance rape cases in his precinct.
Enough Is Enough!
How long must we tolerate our lawmakers’ uncanny blindness toward the sexual sanctity of a person’s body and the life-altering, deeply painful, and shameful pall it casts over the victim for the rest of their entire life?
We CAN make a difference! We CAN get the laws changed across the US! Please watch this TEDx Talk! Share it with everyone you know! Call your legislator and say #FGKIA, Sign it into law Today! Don’t vote for them if they won’t give you a new law that protects yourself, your children and your children’s children!
On May 4th, nationally syndicated Kevin Price departed from his business focused 17 years of excellence as the host of “The Price of Business”to speak about a topic he wants everyone to know about… the Bill Cosby trial and what changed.
He and I discussed how the second trial, the one that finally wiped the smug smirk off the comedian’s aging face; differed from the first and what this means going forward.
For Cosby’s countless victims, and I say “countless” because I’m sure there were far more who didn’t reveal their personal stories for a myriad of reasons, recovery just took a giant step forward!
Defilement makes you feel dirty all the way to the core of your being. Our reproductive organs are a primal part of our very existence. For sexual predators, that connection to our inner self is incidental to their interest in playing out their deviant sex acts on our bodies.
Defilement makes the victim feel violated, isolated and invisible. Validation makes us feel accepted once again. Justice provides that validation. Every victim of defilement deserves justice, no matter what device or manipulation was used to violate them, whether by force, duress, or deception.
Hopefully, Cosby’s conviction will serve as an awakening to law enforcement that “acquaintance rapes,” which they’ve long turned a deaf ear to, are every bit as devastating to the victim as being raped by a stranger. In fact, the reality that someone you trust can be so utterly cruel adds an entire dimension to your pain.
Far from an isolated incident
Two weeks ago, I testified to a joint committee of NYC’s City Council who were addressing the New York Police Dept. (NYPD,) over their systemic lack of responsiveness to acquaintance rapes. Councilman Donovan Richards, Chairman of the Public Safety Committee said,
“It’s no wonder that victims don’t report more often. And it seems that NYPD is just fine with victims of sex crimes being ignored.”
NYPD Chief of Department, Terence Monahan, said,
“I take umbrage that you don’t think we take this seriously,”
The stories told by victims were inspiring, but only two lower level police employees remained to hear them. ALL the top brass, including Chief Monahan, had left the building. “Seriously??” C’mon!!
So what’s next for Cosby?
Certainly not a comeback for his comedy career, unless it’s entertaining other inmates!
Prosecutor Kevin Steele asked Judge Steven O’Neill to revoke the million dollar bail that keeps Cosby free. But Judge O’Neill sent him home under house arrest to his Cheltenham, PA, sprawling estate. The maximum penalty for his offenses is 30 years behind bars, but his attorney, Tom Mesereau has pledged to file an appeal.
DA Steele laid legal groundwork to admit the testimony of additional victims, beyond Andrea Constand, who Cosby assaulted. Although Steele had asked for nineteen victims, O’Neill agreed to five. Mesereau will likely say their testimony was prejudicial. Steele will respond that the state has the right to establish a pattern of conduct when similar methods of operation exist. Using the DOCTRINE OF CHANCES, is allowed in evidence. It’s role is to demonstrate that the accused is unlikely to be innocent when their criminal behavior is consistent time and time again.
Another issue the defense is likely to raise is that the judge’s wife is an advocate for sexual assault victims at the University of Pennsylvania. Having a spouse with a view consistent with the findings of the court; however, does not automatically rule out the judge.
Their may be additional rulings made by the judge that the defense will seize on.
Absurdities in this case
I find it astonishing that Cosby insisted he had the consent of a gay woman. How on earth did he possibly feel anyone could believe she willingly agreed?
In his civil deposition, he admitted he didn’t know if he had Constand’s consent. Pennsylvania’s legislators need to seriously address the fact that its penal code fails to clearly define what consent is….. Freely Given, Knowledgeable and Informed Agreement! #FGKIA. This fact is what made it impossible to lock up Cosby the first time around, and it was necessary to torment additional accusers by subjecting them to “slut shaming” in order to get Cosby put away.
Sentencing must take place within ninety days. Because he’s legally blind, and an advanced age, options for incarceration could include a minimum security prison or even an institution for assisted living.
Cosby claimed he’s not a flight risk because he doesn’t own a private plane…. as if he doesn’t have the money to purchase that service. While the saga for Cosby is ongoing, at least the victims have the satisfaction that their tireless, painful efforts were finally rewarded and that they’ve inspired drastically needed change!
.After all those years of fooling society into thinking he was the perfect father image, allegedly the perfect cover for conducting sexual assault, his cover’s been blown. And like a true Narcissist, he can’t leave well enough alone. He has to be the grand leader…. hence, he’s grandstanding in a new venue: Town Halls.
Who would suspect a man who tells you he’s educated is a high school drop out? Why would you possibly think he’s lying if he says he has no kids or is single, while his wife of 17 years is at home caring for his 3 children. What would trigger your fears when the supporting Facebook page for his business is nothing more than a scam that hides his three stretches in Attica. And when he shows you medical documents that indicate he’s healthy, why would you suspect they’re forged and he’s deliberately passing along HIV?
Yes, there are cases that sound outlandish to the viewing public…….a man tells you he’s an operative for the British Defense Ministry, a sort of, James Bond.
Who would believe such outrageous nonsense?
When you hear the “James Bond” victim’s story, her ability to plot-out his arrest, you wonder who conned whom. On national TV, she boasted about using a pocketbook spy cam to create a “sting” operation and how she lured him into the hands of the waiting police, creating fodder for her book deal. But the schemes that hoax most victims are far more compelling, insidious and heartbreaking.
A victim is a victim
Don’t get me wrong, people who get “punked” in outlandish scams deserve the same protections against sexual assault by fraud as everyone else, even though the more “out there” the tale, the more difficult it is for society to relate. But it’s the frauds that are so entirely plausible, the “honest-sounding lies,” that are even more sinister and insidious. They leave the victim feeling totally unable to protect themselves and create deeply rooted Post Traumatic Stress.
People who believe outrageous lies end up blaming themselves but recognizing that their trust was bestowed on a person who did not deserve it. A person who was raped by simple, plausible, believable character distortion; however, may never feel safe to trust again.
A different kind of Valentine’s rose….
Lying to induce sex IS, WAS and ALWAYS WILL BE a crime. The issue over the creation of Sexual Assault by Fraud law is not whether or not a crime takes place, but whether or not our Legislators are brave enough and moral enough to protect us from a defiling act that a significant portion of their constituents believe is just their way of having fun, their right.
To them, It’s no big deal….. it’s just a little white lie.
As a Valentine’s Day gift to yourself and society, please sign the petition to Stop Sexual Assault by Fraud today! Please add your name to the growing bouquet of signatures.
Carlos Lamborghini is NOT the name of the man who scammed Lauren Lazarro of Tampabay/Sarasota FL. We’ve changed it ’til additional victims step forward to bring charges. There’s safety, and validity, in numbers. We know he’s harmed many unsuspecting women who think they have no recourse.
This Italian Lothario, con artist has claimed the name of a speedy sports car and can rip you off for sex and money from zero to 10 seconds!
Here’s what happened in Ms. Lazarro’s words:
I was defrauded on a popular dating site by a man that was a complete impostor presenting himself as a wealthy Romantic Italian man that had been a cruise ship officer and presently working as a marketing entrepreneur. All of his professionally designed web pages and videos supported his claims. I fell in love with him.
He defrauded me of thousands of dollars and over a year of my life in a long distance relationship. He tried to come after a lot more money to finish me off. I think his Italian accent was fake and his name is an alias. He lied about his age. I also believe he lied about his country of origin, his military service, and his education.
Without legislation on the use of “false personation” to conduct rape by fraud, I can’t even file a complaint with the sheriff’s office. I was told, “Lesson learned,” and “Don’t come back!” So, the problem is that this predator can set up shop in town with internet dating, scam a lot of women in a local area, and then flee the area. I am sure there are more victims of this man in Florida. It was an elaborate scheme.
If you’ve been defrauded by a man whose name mimics a fancy high-end sports car, with a sophisticated web-site that promotes his, probably, non-existent, multi-level business, please comment here, or you can reach Joyce privately by using the data form on the Stop Rape By Fraud page of this blog. None of the information you enter there is publicly disclosed.
He can be anywhere but is known to frequent Florida, Idaho and California.
First- we need to examine what a psychopath actually is…
According to Dr. Robert Hare in his highly acclaimed book, Without Conscience, not all psychopaths are the blood-thirsty ghouls we expect them to be. They don’t conduct themselves in ways that are obvious, like breathing fire out of their arm-pits. While they are evil at their core, for the most part, there are no blatant, tell-tale, physical signs.
I’ve heard people say they can tell a psychopath by their stare. But in the exposure I’ve had to individuals I believe are psychopathic, there was no fixed gaze to give them away.
Simply put, a psychopath is a person with the character disorder in which they lack emotional empathy, and therefore, they don’t develop a conscience. As a result, they can commit harmful acts against others with no degree of caring, concern, or remorse.
The Hare Psychopathy Checklist measures their level of harmfullness. But just because they don’t score at the top of the range, does not mean they’re not a psychopath.
Upbringing, not conscience, can deter them from ghoulish behavior. A character disordered child who is abused is more likely to become a heinous deviant than one who is raised in a more supportive environment. A child from an otherwise normal upbringing, is more likely to become a white-collar criminal who lies and cheats, rather than one who conducts unspeakable violence.
Psychopaths often go undetected because their early family life provided them sufficient knowledge about societal expectations to enable them to fit-in. But they are not guided by morality, virtue, or concern for their fellow man. Instead, they are only reigned-in by their fear of discovery or consequences.
How did they get that way?
Since prison settings provide access to a seemingly large volume of psychopaths, their populations are often the subjects for research. But this approach gives us a skewed sense of the frequency of encountering psychopaths in our daily lives.
The rough estimate of the ratio of psychopaths is approximately 4% of the population. But they conduct themselves in a serial fashion and; therefore, harm far more than 4% of mankind.
Modern mental health professionals suspect a genetic link to a pre-disposition to psychopathy. Its existence does not equate to every child of a psychopath becoming a psychopath. Rather, the child of a psychopath is “at-risk” for becoming a psychopath.
What passes along in DNA?
Our brain chemistry makes mankind trusting and caring. The principal neurotransmitter that serves as a foundation for conscience is thought to be, (according to Dr. Paul Zak in The Moral Molecule,) oxytocin. Our genes control our levels of oxytocin and our reaction to it can be shaped through early childhood development.
With normally functioning oxytocin receptors, we experience early bonding and develop emotional empathy, the knee-jerk reaction to the welfare of others. Without oxytocin, or with early developed negativity toward oxytocin, our ability to bond and feel concern for another person’s welfare becomes compromised.
How can we tell whether our child has empathy or not?
If your six year old or older child:
is indifferent to the pain or problems another person exhibits, including their siblings, or you,
throws tantrums when they don’t get their way
puts the safety of others or animals at risk,
is a bully,
is continuously bullied,
exhibits oppositional/defiant behavior
is excessively impulsive,
has a love affair with weapons
commits bodily harm against themselves or others
…..they may be showing early signs of character disorder.
Mental health professionals don’t label children “psychopathic.” Instead, they use the terms, “conduct disorder,” “behavior disorder,” or “emotionally disturbed.” Any of these diagnoses could signal development into character disorder as an adult.
What can I do to correct the problem?
Look seriously at the signs you see from your toddler. Don’t overlook them! They are unlikely to go away on their own! At this stage, you could make a difference.
Are they responsive to cuddling, caring and warmth? Are your attempts at boundary setting conveying love or making them fearful?
According to Dr. Liane Leedom in her ground-breaking book, Just Like His Father, children who are at-risk of becoming psychopaths need an extremely nurturing environment with significant levels of parental warmth. Devote time laughing and being joyous with your at-risk child. Keep as much acrimony from affecting them as possible, and try to reduce the level of stress in your home environment. Abandonment of an at-risk child, by either parent, can have a devastating affect on their development.
If your child reaches the age of six, and their morality is stuck at self-centered, get professional help for them. Involve them in activities that promote sharing and caring like volunteering, helping others, and by providing religious supports. If you are single, spend time with couples who embody cooperation, respect and a loving relationship.
When will I know the results?
Most parents find the teen years trying. But even teenagers will express respect for their parents. Character disordered kids will believe that rules are made to be broken. Teenaged impulsivity can take the form of drugs or alcohol abuse, fighting, truancy, promiscuity and juvenile delinquency. Usually, by their mid twenties, with independence, permanent character becomes obvious.
Your child’s development into psychopathy is impacted by genetics and experiences that can be totally out of your control. But knowing that a child is at-risk, understanding the genetic link to the disorder, can help you create the most supportive environment to deter them from violence. Nothing will impart a conscience to a psychopath.
If you are the unfortunate parent of a character disordered son or daughter, hopefully, you can find peace in knowing you did the best you could with the resources and knowledge you had at the time.
Mankind is noted for having three differing types of empathy: cognitive, emotional and compassionate. But there are significant problems that take place when a person has too much or too little of any specific kind.
Cognitive Empathy- Sensing what’s going on with the people around us
Cognitive empathy enables us to perceive what’s going on with the next person. But just because you know what they are experiencing, and what motivates them, does not mean you’ll exhibit caring or be able to put yourself in their shoes. In fact, it may do just the opposite.
Strong cognitive empathy is the tool that torturers rely on to shake a prisoner down for information. They can detach completely from any sense of pathos toward their victim. People who have high levels of cognitive empathy make great politicians and sales people. When cognitive empathy is accompanied by emotional empathy, it’s a good thing.
Sociopaths that conduct emotional harm are intuitive about the needs and wants of their target. They’ll use cognitive clues to position themselves for acceptance, just like a chameleon changes colors. The problem is, they lack the emotional empathy that reigns-in their self-interest. Most people who recover from relationships with sociopaths think back on them as “reptilians” for good reason. There is a distinct cold-bloodiness in the way they operate.
Having cognitive empathy and no conscience enables swindlers to come up with asset grabs. Bernie Madoff pops to mind as a good example. We often think of con artists as people who try to sell the Brooklyn Bridge to an unsuspecting victim.
Emotional Empathy- The knee-jerk reaction to the perils that others experience
Emotional empathy enables us to embrace the feelings of others as if we were sharing their experience. When your heart pops into your mouth as someone falls off their chair, you are experiencing emotional empathy. People with appropriate levels of emotional empathy go through life thinking that everyone has it…. until they crash headfirst into the path of someone who does not. Their efforts to try to convey their experience to others is often met with disbelief, which makes the victim feel even more violated and isolated.
A person with high levels of emotional empathy could be hamstrung from benefiting the person with a problem because they may get too emotional to react in a positive way. That’s where compassionate empathy kicks in.
Compassionate Empathy- How we make a difference in the lives of others
Through compassionate empathy, we can use our emotional empathy to produce a meaningful result. A person with a well balanced level of compassionate empathy would come to the aid of the individual who fell, calling 911 if needed, or problem solving to determine what the situation warrants. People with compassionate empathy will appear outwardly cool in a pinch, even while feeling significant concern for the person who’s in danger. While they might fall apart after the crisis ends, they remain sufficiently detached to provide help when it’s needed.
The risk of compassionate empathy in dating
Having compassionate empathy puts people at risk for becoming victims, particularly in internet dating scams. The actor grooms their target with an overabundance of loving gestures to fuel their sense of belonging and build trust. The offender will jiggle the hook with a small bait-like request for a token “favor.” They may even provide reciprocal favors in return, grooming the victim further.
Ultimately, when they believe the victim is sufficiently snagged, they’ll spring a mega-request, and it’s usually about money, sex, or immigration related. It’s often couched in language that makes the request seem like an emergency. Targets that fail to produce the desired result get hit with a scathing attack aimed at crushing their self esteem. They are often too embarrassed and devastated to immediately seek help. They are stunned by the cessation of love they had counted on. Before they regain their equilibrium, the predator is long gone. and probably bad mouthing them to their next victim.
How empathy factors in our relationships
Emotional empathy is absolutely necessary in sustaining a loving relationship. Without it, a person is only capable of engaging with others on a “What’s in it for me?” basis. While they may pretend to be caring, because they know it’s socially acceptable to do so, their self-centered way of looking at the universe will ultimately surface. There will be no “agreeing to disagree” in order to make peace, a negotiation skill that is vital in order to sustain a relationship when acrimony occurs, as it does in any human interaction.
A mate with no emotional empathy cannot and will not put themselves in your shoes. They simply lack the ability to do so. And without this ability, they cannot develop a conscience. The only limits to their behavior stem from fear of being “outed,” and fear of loss or consequences.
No amount of bargaining, acquiescing, pleading, explaining, or cajoling will change their mindset. It is the way they are wired. Once a person advances past the life stage in which their moral code of conduct forms, they are who they are, and YOU will not change them.
How do you know if you’re dating a sociopath?
Someone who lies to you, in order to seduce you, has little or no emotional empathy. They do not put themselves in your shoes. They see you as a prize, an entitlement, a piece of property, but not as the living, breathing, caring human being that you are. If they were dishonest in their on-line dating description, or other information they initially fed you, they have no conscience. They are self indulgent.
The derisive manipulation of a person without emotional empathy will undermine your well-being. Even if the relationship remains intact, the victim’s self esteem will be shredded. So if you are experiencing loss of worth or other abuse, get help, today!
If you are with someone who displays a lack of emotional empathy toward others, it’s a sign of their real, underlying nature.
But, isn’t there a cure? Doesn’t everyone deserve a second chance? I felt so loved!
Sociopaths are people who lack emotional empathy. That is how their brain works. They are not sick. They are disordered. They know the difference between right and wrong. They just don’t care. They will not get better, but the longer you endure their behavior, the worse your situation will become.
They played with your brain chemistry to hook you. Find someone who loves you for you, not for your assets or other services you provide for them. Get out before giving birth to their child or financial complications get in the way.
A lucky example of collective compassionate empathy!
All of you with emotional empathy will be happy to know that the group of onlookers in the title photo rushed to the aid of the little boy who dangled from his fathers hands. He plunged 25 feet into their waiting arms, and skied the rest of the day. Thanks to Matt Roeser who had his camera at the ready to snap this awesome testament to compassionate empathy at Hidden Valley in Wisconsin.
There seems to be a very large misconception about what rape by fraud is, and what emotional rape is. And often they take place together. When this occurs, it’s hard for the victim to separate which is which.
Tricking a person to steal their love
and involve them in a relationship.
Rape by Fraud:
Tricking a person to steal sex
How emotional rape works
Being pranked for a relationship is emotional rape. The term does not denote a “sexual act” Rather, it describes the sense of having your highest emotion, which is love, stolen from you.
In emotional rape, a person creates a hoax about their character, or what their intentions are, and perpetuates that hoax over time. The unknowing victim provides love and caring that is undeserved and will feel violated when they learn the truth. Cases of emotional rape can lead to engagement and marriage with a partner who is not what they pretend to be.
When the victim discovers the truth, they may not react as society expects. People with high levels of morality and the brain chemistry that induces attachments will continue to feel bound by the bond of love that was established. They’ll experience the toxic glue of a Trauma Bond, also known as a Betrayal Bond, that keeps them feeling the chemical ties created by the neurotransmitters in their brain, enabling our species to “couple.” Please use this link to determine if a Betrayal Bond is affecting you. And refer to Dr. Patrick Carnes’ book, Betrayal Bond, Breaking Free of Exploitive Relationships for further information.
Separating from an emotional predator can take considerable time and toxic interaction in the relationship. Often victims will defend their mate even though society will see their behavior as misguided. People without a deep-rooted sense of bonding will have an easier time breaking off the relationship. They’ll react more immediately to the realization of their situation. Victims who were previously abused, or whose moral code of conduct creates a sense of unconditional love, will be more forgiving.
How rape by fraud works
Rape by fraud is an actual, physical act of rape. Sexual assault or sexual contact takes place when a person is engaged in an act of sexually penetration without their freely given, knowledgeable and informed agreement…. consent. Defrauding a person of the physical act of sex vitiates their “consent” for sex, and is therefore punishable in some states. Tennessee and Alabama have the most direct laws in dealing with offenders who defraud victims for acts of sexual penetration.
Model penal code states that “consent is INEFFECTIVE if induced by force, duress or deception.” Therefore, a person who is sexually penetrated as a result of deception, is being physically raped.
This form of rape is similar in trauma to being drugged or intoxicated to vitiate consent. Violence did not occur to overwhelm the victim in any of these forms of sexual assault. Instead the victim was outwitted.
Other forms of criminal “outwitting.”
If an offender beat a man as he approached his car, took his keys and drove away, we’d readily recognize his actions as auto theft.
If the offender pretended to be the valet in front of a restaurant, took the man’s keys and drove off with his car, we would also recognize the act as auto theft; even though the man willingly handed over his keys and didn’t realize he was being robbed in the moment.
The first act was theft accomplished by violence. The second was theft accomplished by fraud. The offender would be charged differently for the violent act and sentenced more harshly, but both are criminal offenses.
Distinctions in charging the offender with a rape crime
All forms of rape should be punished in every state. If the person were violently overwhelmed, their act of rape would warrant a more “aggravated” level of charge. The sexual assaults that do not involve violence to overwhelm the victim are a lesser offense. But all acts of rape, or sexual assault, should be punished.
Is emotional rape a crime?
Emotional rape is morally reprehensible. It steals a lifetime from the victim. It embroils them in marriages that are not what the victim perceives. When it generates offspring, those relationships exist for a lifetime, and often in a fashion that shatters lives. But is it a criminally punishable offense? Unfortunately, it is not penalized in any state in the US. It could; however, become a civil matter if there were sufficient awareness of this pattern of wrong doing.
You will get a much clearer grasp of the distinction between emotional rape and rape by fraud by reading Carnal Abuse by Deceit, which accurately conveys these issues in a real-world setting.
Every act of physically and sexually penetrating a person without their freely given, knowledgeable and informed agreement, #FGKIA, is and should be punishable throughout the US!
Why victims suffer this disabling anxiety condition
PTSD is normally associated with warfare
My father fought in the Philippines during World War II. One hot, dark, buggy night, he woke up to find a Japanese soldier squatting over him, about to thrust a bayonet into his neck. I knew better than to ever ask him the fate of that soldier. The fact that he came home to our family was all we needed to know.
Whenever my dad was aroused from sleep, he’d awaken with a start. I’m sure that was only a small example of how PTSD affected him. But it was visible to me, even as a small child.Today, society readily understands that combat soldiers can suffer from PTSD. It was a far less public discussion in my father’s time.
I never expected that I would encounter any type of danger that could create the disorder for me, but I was wrong.
The emotional causes of PTSD
Modern day health professionals have concluded that emotionally shattering experiences undermine our sense of invulnerability and cause PTSD. People naturally assume that life is both benevolent and meaningful. And we consider ourselves to be worthy beings. An encounter with rape by fraud can shred every vestige of our beliefs about both life and our place in it. It undermines our value system.
If this happened to you, depending on the length of time the hoax took place, you built expectations that were predictable. Learning that everything you valued was nothing more than a house of cards crushed your sense of safety and well-being. And the notion that you were used as an instrument of your own demise was especially crushing. It is why Socrates said that “sex by persuasion” as he called rape by fraud, is particularly compelling because it undermines the character of the victim. Recognition of the heinous nature of this behavior spans centuries. It’s nothing new.
While rape by fraud victims do not undergo the brutal torment of violence, the blow to their emotional makeup can be devastating. Their injuries are far more severe than the trifling stupidities that people hurl their way…. “Just get over it,” “So what,” “Find a decent guy.” And even worse, “You just misunderstood.” In many ways, the lack of validation people hurl at victims serves to deepen their despair. They not only have to deal with the betrayal that affects them at their core, but also with the abandoning mindset of the very people they count on for support.
Some symptoms of PTSD include:
Memories that are triggered by daily events, making you tremendously sad.
Sleeplessness, the inability to turn off the record running through your brain
Loss of interest in your daily life.
Hermit behavior, unwillingness to go out and face possible reminders
Irritability and anger over small incidents.
Victims who experience rape by fraud should seek professional help to recover. Just as a soldier needs therapy to improve, no one should try to tackle PTSD on their own. If you can’t afford a private therapist, contact your local hospital and find out if they have a low cost mental health clinic that can help you. Reach out to RAINN, the Rape, Abuse and Incest National Network, for information and support.
The fervor over this law is just plain ridiculous!
I have responded to many posts I’ve seen and wanted to share a recent one with you that appears in reaction to Joan Quigley’s article this morning in NJ.com.
Joan Quigley got it right!
I am the author of “Carnal Abuse by Deceit.” Before you tune me out for shameless promotion, please understand that my book is about rape by fraud. It is the story of what happened to me, and makes it understandable why this is a crime. I came to the aid of the victim in NJ on her issues against Will Jordan.
But do I support a law that makes every person who tells a fib or wears perfume a rapist? Absolutely not! And my take on equating “rape by fraud” with “rape by violence” is that it grossly over reaches!
Here is what I suggested and why….
The It’sOnUS pledge clearly states “Non-Consensual Sex is Sexual Assault.” It is endorsed by President Obama.
Model Penal Code clearly states, in its Global Consent provision….. “Consent is INEFFECTIVE if induced by force, duress or DECEPTION.”
In every type of punishable crime of fraud, the victim gave consent, but it was ineffective consent. The perpetrator knew the consent was ineffective, even though the victim did not at the time of the action.
A law on Sexual Assault by Fraud should be created to connect the dots between these three very important and legally understood premises. No one should be violated by deception in order to get into their pants! And this includes women as well as men!
When a person lies to you in order to VITIATE your KNOWING CONSENT, they are violating you, not seducing you.
So what do we call this crime?
Yes, genetically, rape by fraud is a sexual violation which is “rape.” But let’s not throw the baby out with the bath water over semantics. It does not rise to the horrific nature of the crime of violence, to overwhelm and penetrate someone’s genitalia, that most people think of as “rape.” That’s why laws have distinctions such as “aggravated” and “degrees” of severity. I offered language to the Assemblyman to include in the legislation that would make that concept absolutely clear. Leaving it out was a huge mistake.
There are many ways a person’s knowing consent can be violated: They can be physically overwhelmed through violence, by intoxication, by dope, by deceit, by coercion, by being underage or too mentally challenged to provide such consent. Every way to deprive a person of self determination over their intimate core is a physical invasion of their body, a sexual assault.
Non-violent sexual assault should not be punished to the extent that violent sexual assault should be, but it surely should be punished!
It was and is my recommendation that non-consensual sexual assault, of this nature, be considered “sexual misconduct” rather than “sexual assault.” It should apply in cases where the offender has either conducted fraud in the factum or fraud in the inducement… legal terms you will find in my book. Again, please pardon the shameless self-promotion but I wrote it for a reason…. to help people understand this crime and why it’s a crime.
On enhancements and fibs
Rape by fraud as “sexual misconduct”, in the mainstream of its use, would not punish people for appearance enhancements. People have eyes. They see the other person’s appearance. It is either pleasing to them or not. The Spanx come off before penetration! As will the padded bra or pants that are stuffed with a tennis ball. So let’s not be ridiculous about it.
It is obvious to the observer when someone wears perfume. My favorite is Boucharon. No one in their right mind would ever think that’s what I smelled like without applying it.
This crime revolves around “false personation.”
There are lies of intent as well as lies of identity used in “sexual misconduct” scenarios. When a person pretends to be someone other than who they actually are, the term “false personation” applies. (See FL criminal code on fraud.)
A lie of intent, “I’ll marry you in the morning,” could not be punished. The perpetrator could simply say, “I changed my mind.”
The burden of proof on any prosecution is the District Attorney’s. They cannot indict without the Grand Jury and the jury being on board. So while little white lies are CADdish behavior, (Carnal Abuse by Deceit,) they are not the stuff of prosecution.
Cases of “false personation,” identity characteristics that transform a person from their actual identity into someone else, is the level of crime that is prosecutorial. The victim has sex with a stranger, not the person they intended. It is defiling. It happened to me for 3.5 years. It literally changed my life.
Determination of penalty
Also, keep in mind, mental health professionals will tell you that the longer the hoax persists, the more damage the victim sustains. Instead of being defiled once, they were defiled multiple times. It is devastating to know that someone you trusted treated you this way, and that they manipulated your cooperation in what they did to you. The length of the offense can be another issue in ascribing the penalty for this crime.
The press rushed to judgement that the penalty would be equivalent to violent rape, They were incorrect. Assemblyman Singleton was leaving the discussion of penalty to the law makers and process whose job is to figure it out.
Prosecution for defrauding to spread communicable disease
Here is a tremendous benefit this law will provide…. Predators who knowingly hide communicable illness can be prosecuted under this law. There will be no more free ride when they knowingly pass along HIV or any other life-altering disease.
This law is to protect against an insidious crime. It is not to incarcerate jerks. But jerks should be fully aware that when they behave like jerks, they are violating, not seducing you. Is it offensive? Absolutely! Is it punishable? Very unlikely! There is simply not sufficient proof to build a case under this or any law.
The score is currently 1,051 “no” to 50 “yes.” The question? Should lying about yourself for sex be considered rape? This poll is being conducted by NJ.com.
It’s really troubling that so few people responding have any sense of the foulness of defrauding a person for sex. And the media is spinning it in a way that incites hysteria. Here’s my response to the offensively silly questions that have been raised on this issue on NJ.com and elsewhere.
Back in the Roman era, rape only applied if the person was a virgin and a citizen, not a slave. That was the law for years, It didn’t make it right.
Here’s your statement::
“In other words, it’d be illegal to tell someone you were a millionaire to coerce them into bed if you are actually broke.”
Sorry, but you’re misleading the public.
Here’s what they actually need to know about this law….
Several types of non-violent rape are, in fact, punishable in NJ….
When a person is slipped a drug, or under the influence of dope or alcohol, violence does not necessarily occur. When a person is underage or mentally incapable of consent,violence does not necessarily occur. All of these forms of prosecutorial rape have a common core. They are all a means that offenders use in order to vitiate a victim’s “knowing consent” over their sexual sanctity, and strip them of self determination.
In fact, violent sexual assault is the crime of “sexual assault”, not “assault,” because it vitiates the victim’s “knowing consent” over their sexual sanctity.
So violence, doping, intoxicating, coercing, sexually violating someone too young, or too mentally challenged, are all manners of sexual assault, because they ALL vitiate knowing consent. Likewise, fraud vitiates knowing consent, and when used in sex, it vitiates the victim’s knowing consent regarding their sexual sanctity.
These are the legal premises that apply:
A. “Non-consensual sex is sexual assault.” Don’t believe me? Read the It’sOnUs Pledge endorsed by President Obama.
B. Global Consent, according to Model Penal Code- “Consent is INEFFECTIVE if induced by force, duress, or deception.” Global Consent pertains to all things, (that;s why its called “global,”) not all things except sexual assault!
This law simply connects the dots between these two widely accepted legal premises. And by, the way, several states have similar laws. Tennessee and Alabama in particular, although various scenarios of rape by fraud are covered in other states as well. No one goes to jail in those states for saying they’re a millionaire when they are dirt poor.
Again, your words:
“The measure doesn’t consider sexual assault by fraud any less serious than other types of sexual assault already on the books. It could be a first degree or second degree crime depending on “the circumstances surrounding the act.” The punishment could be 10 to 20 years in prison in the former and 5 to 10 years in prison in the latter.”
Every state’s penal code establishes “degrees” for each crime. The media has incorrectly stated how that works. No one in their right mind would ever equate the nightmare of violent rape with the severity of ANY form of non-violent rape. But all forms of rape will cause the victim to feel defiled.
The DEGREE of severity will be up to the powers that be to ascribe, as is the custom for every other crime that exists in New Jersey’s penal code. And the degree of crime for this law has yet to be established.
So let’s look at who will actually be punished for committing this crime…
Will lies of “he said, she said” in which there is insufficient proof for the Prosecutor to try a case, or for the Grand Jury to indict lead to an arrest? Ridiculous! So all the silliness of getting arrested for wearing false eyelashes or Spanx is just that… silliness. A person’s appearance could never get them arrested under this law.
No one could be arrested for telling someone they are Brad Pitt’s best friend or that they will marry the person in the morning and fail to do so.
Don’t get me wrong… it’s not that this form of lying to secure sex isn’t a crime….. but there must be a level of proof that is prosecutorial in order for an arrest to be made. If you’re driving 56 in a 55 mile an hour zone, are you speeding? Sure! Will you be arrested? How absurd!
A person who lies about their intent would simply insist that they changed their mind. And lies of identity can only be pursued with sufficient proof to convince a Prosecutor, Grand Jury, and a Jury.
People who come into the room under cover of darkness and pretend to be someone they are not… the boyfriend, husband, wife, etc, of the victim, can be prosecuted.
People who engage in an elaborate hoax for which there is ample proof, can be prosecuted.
People who are told the doctor is penetrating them with a medical instrument, but inserts his man-parts instead can be prosecuted.
People who defraud a victim into thinking they are perfectly healthy when they can transmit a life altering communicable illness can be prosecuted.
Anything that is new to people will frequently meet with scorn and ridicule. This law is no different. Scorn and ridicule are often the first step toward acceptance.
Lying to sexually penetrate a victim is a defilement. Lies are not prosecutorial without significant proof. So folks can keep taking off those wedding bands, but if you do so, you should know that you are a CAD and you are defiling them, not seducing them. BTW, I keep a list of people who are reported to me for doing so on my blog, http://www.RapeByFraud.com.
Reporter, Jessica Schneider, introduced New Jersey’s newly submitted Sexual Assault by Fraud law on the CBS Evening News in NYC, last night, featuring Assembly Member Troy Singleton and myself. Here’s the link.
We need more even handed reporting like this to counter the silliness like “Will I get arrested for wearing Spanx? Afterall, I’m being deceitful about my appearance.”
So to answer a few questions from reddit and other sources….
No, if you tell a person you own a helicopter, and you really don’t, it’s unlikely a case can be made against you. It’s not that you haven’t defrauded the person, it’s just that what you’ve done is not prosecutorial.
And no, if you say, “I’m going to marry you in the morning,” but don’t, or “I’ll love you forever,” when you really don’t mean it, you are not likely to be arrested.
In response to the unnamed gentleman in the clip, the victim of the hoax that precipitated Assemblyman Singleton’s interest in this law, did indeed try to investigate the background of the offender, William Allen Jordan. He had lied to her, not only about multiple identity characteristics, he’d lied to her about his name as well. He made it impossible to check him out.
It wasn’t until they’d dated for over a year and become engaged that she learned his true identity. He was a convicted child molester and bigamist who had been deported from the UK after serving his time.
Not only had this Lothario embroiled the complaining victim, Mischele Lewis, in his scam, just days after his release, while on bail for the charges that were brought against him, he went after a new victim with a similar hoax. Some sexual predators just never learn and the only way to prevent the public from harm is to incarcerate them.
Like in all criminal court cases, the District Attorney and Grand Jury can’t frivolously charge the offender. In order to pursue a case, significant harm and considerable proof must be presented. And in cases in which the lies are of “intent,” it is all too easy to defend your position by merely claiming you changed your mind.
The cases that would more likely be cause for action are ones in which the harm was an ongoing hoax or where the offender gained access to the victim under the cover of darkness or another means of concealment. An additional benefit of this law is that it could provide justice for victims who receive life threatening communicable illnesses from predators who lie about their health.
So while the premise of the law holds true for all cases of sexual assault by fraud, duplicity invalidates consent, only substantial cases will warrant prosecution.
I am sooo very pleased to announce that on November 13th, Assembly Members Troy Singleton, Gabriela Mosquera, and Pamela Lampitt introduced Legislation #3908 making it unlawful to defraud a victim of sex in the state of New Jersey!
This bill has a long way to go before passage. It will be be reviewed in committee and must be approved by both the Assembly and the state’s Senate. But it is a huge step forward in the effort to enlighten societal awareness about what actually constitutes sexual assault.