Tag Archives: #CAD

“Without consent” laws do not define “consent”

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.

It’s high time our legislators pull their heads out of the sand and get it right!

  • Cyber security has accurately defined consent through General Data Protection Regulation (GDPR): Freely Given, Informed and Retractable Agreement. (Condensed version)
  • Medical Research has accurately defined consent through Nuremberg Code: Freely Given, (not induced by force, duress or deception), Agreement. (Condensed version)
  • But our lawmakers have failed to accurately define consent through Penal Code. Why not? Because many of them really don’t want to rock this boat! A huge swath of their constituents feel entitled to sexually assaulting you, and too many of those legislators value their jobs more than they value your safety!

Why is defining something by what it’s not a bizarre approach?

The list of what it’s not is infinity minus what it is. So making claims about what it’s not is a backwards way to look at a definition.

Don’t mean to be insulting, just trying to make a point…. Here are some of the things consent is not:

  • It’s not a Jello pudding pop.
  • It’s not a sand castle.
  • It’s not a neutral color of paint for your living room.

On what planet is defining “what it’s not” the same as defining “what it is?”  And even when you add the caveat that what it’s not is  “not limited to the following,” you can bet that law enforcement, prosecutors, judges and juries, will apply the oldest legal doctrine, Nulla peona sine lege – “What is not expressly prohibited by law is permissible,” on a case by case basis.  

At least Montana gets it right by doing it backwards

Montana’s statute #45-5-501(1)(a), applies all the Model Penal Code “Consent Provision” elements of “force, duress (coercion,) and deception, which is consistent with the definition of consent; #FGKIA, Freely Given, Knowledgeable and Informed Agreement. In Montana, you can’t secure consent by deception, coercion, or surprise. Problem is that Montana still blames victims with their “words and overt actions” statement. they could sum up all 26 lines of what consent is not with one simple line… “Consent is freely given, knowledgeable and informed agreement.”

If your legislators bury their heads in the sand to pretend they don’t see that consent is freely given knowledgeable and informed agreement, point them to my TEDx Talk, GDPR, Nuremberg Code, Model Penal Code and Montana’s Law.

But even Montana can benefit by adding the clarification that consent is “freely given, knowledgeable and informed agreement” to its statutes to make the meaning of consent crystal clear.

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You can help!

Donate to ConsentAwareness.Net

Watch this TEDxTalk

Read Your Consent – The Key to Conquering Sexual Assault

Call your legislator and demand change!

 

“Your Consent” New Book- Released Today to Conquer Sexual Assault!

 

On Amazon – https://amzn.to/2S9ZUJu

Your Consent – The Key to Conquering Sexual Assault launched on Amazon today! It’s ranked #1 in New Releases – Law Dictionaries and Terminology!

Knowing what I do about sexual assault, that our laws really don’t define “consent” correctly, it pains me to see all the misguided efforts by intelligent, serious minded people who try to come to grips with the rampant volume of sexual assault. There really is one, and only one, necessary solution…. correctly defining consent in our laws, and creating a fully encompassing sexual assault provision to sync with that definition.

Without taking this critical step, sexual assault will never be defeated! Instead, we’re simply sticking a band aid over an amputation. #MeToo has highlighted the problem but too many sexual assaults are falling through the cracks in legal loopholes or being termed “confusion” or “bad sex,” by an unknowing society.

How terrible are our current laws?

My ConsentAwareness.Net friends who are fighting to change the laws in Texas know only too well how absurd the current laws are in their state. They’ve been to five precincts in the last couple of weeks. Even though Texas has a reasonably clear definition, it is only used to thwart thieves, not rapists. In fact, in the specific words of a precinct Sergeant in Ft. Worth…. “Sexual assault is not defined by consent in Texas.” If you think your state is better at recognizing sexual assault, think again!

Curbing crime takes both definitions and provisions

To fight sexual assault, we need new language that identifies what consent actually means…… “Freely Given, Knowledgeable, and Informed Agreement.” And each state or territory needs a statute that unequivocally states, “Nonconsensual sex is sexual assault.”

Penal Code definitions AND provisions need to work in unison in order to make sense. Having one without the other is an ineffective non-starter.

The solution’s not rocket science. It’s plain and simple. It’s been ignored for centuries because our laws reflected the concepts that women, the largest share of sexual assault victims, were chattel. Their virtue was a commodity owned by someone other than them. What happened to them, as second class citizens, was irrelevant. Because few actually examined our laws and researched the misconceptions that enables rape in our present society, nothing substantive has been done about it.

I’ve researched our laws….It’s time for a change!

Your Consent – The Key to Conquering Sexual Assault conveys the issues in plain language. Whether you’re a legislator, an educator, a judge, juror, or simply a concerned person, you can easily understand the message it conveys. This book can make a world of difference, and YOU can help make that happen!

  • Please get your copy today!

  • Please provide a comment and a rating!

  • Please help this work get noticed by the mainstream. It costs less than lunch money and can make the world safer for you, your children, and your children’s children.

Thank you!

Lysistrata Anyone? Withholding Sex to Stop #FGKIA Conflict

Lysistrata illustration by Aubrey Beardsley, 1896

Kavanaugh’s appointment illustrates a deep divide in our culture between the male and female sense of sexual assault, sexual entitlement and accountability.

Although not all women and not all men have the same opinion, by and large, when it comes to adopting laws to define CONSENT the Continue reading Lysistrata Anyone? Withholding Sex to Stop #FGKIA Conflict

Sex Crimes- Women Aren’t the Only Victims

 

 

 

 

 

 

 

Women have no monopoly when it comes to sexual assault. The US Justice Department tells us that approximately 20% of sexual assault victims are male. 

Dr. Paul wrote to me about a year ago. He was searching for answers for his wife who’d been badly deceived by her ex husband. She suffered terrible trauma and he wanted to help her recover…. or so he thought at the time. But over that year, their relationship became less bearable as he learned that emotional pain can wound so deeply, it can change a person’s character and turn them into an ogre…… even women. 
Continue reading Sex Crimes- Women Aren’t the Only Victims

#Weinstein and #Cruciani- Two P’s (for Predator) in a Pod!

Mandatory Credit: Photo by STEVEN HIRSCH/POOL/EPA-EFE/REX/Shutterstock (9703835c)

July 30- Today’s court date for Harvey Weinstein has been postponed ’til September 20th.

What will happen then? 

Superior Court Justice Jame Burke will deliver his decisions on motions that have been filed “off-calendar” by the prosecution and the defense. Those motions could include a decision to admit evidence of “prior bad acts” into testimony.

New York judges are held to narrower constraints than in Pennsylvania, where admitting testimony from prior victims turned the tide against Bill Cosby.

The impact of consent

If NY’s laws defined consent as “freely given, knowledgeable and informed agreement, #FGKIA,” convicting Harvey Weinstein would be a slam dunk! But in NY, like many other states, prosecutors are held to convincing the jury that the offender’s conduct meets specific language for a particular act that has been legislated as “without consent” in penal code. This narrow approach makes it difficult to prove whether a sexual assault took place…. not because the case lacks evidence, but because the law simply fails to define the specific type of sexual assault that occurred. Coercing a person into acquiescence should never be seen as “consent” in our laws.

A similar current case in Manhattan could provide clues to Harvey Weinstein’s fate

Accused sex offender, Ricardo Cruciani

Neurologist Ricardo Cruciani is scheduled for a decision on motions on August 2nd. He, like Weinstein, is charged with Predatory Sexual Assault, which carries harsh penalties under NY State law.

Cruciani stands accused by six patients of molesting and sexually assaulting them at his office at Beth Israel Hospital in NYC. One patient described that she felt helpless to resist his attacks because she suffered from chronic pain. He was the only doctor who’d helped manage her pain for several years. Eleven other patients at his practices in PA and NJ made similar claims against him. Supreme Court Justice Mark Dwyer will announce his decisions on the Cruciani motions on Thursday, August 2nd.

For more information on how consent impacts sexual assault…. watch this TEDx Talk. 

Olympic Doc shines glaring light on #SexualAssaultByFraud!

Convicted Sex Crime Offender, Larry Nassar

I truly hate being an “I told you so,” And nothing could make me dislike this role more than knowing that 156 unfortunate girls suffered a horribly defiling crime – one that I’ve been jumping up and down to stop for the past 5+ years!

Yesterday, Dr. Lawrence Nassar, former USA Gymnastics team doctor, was sentenced to a 175 year prison term after 156 of his sexual assault victims stepped forward. He’d molested them by using Continue reading Olympic Doc shines glaring light on #SexualAssaultByFraud!

Little Wonder Police Rarely Charge for Sexual Assault!

Lehav 433 Major General Roni Rittman

The right to sexually exploit another human being seems perfectly natural to much of society…. even the police! And even people at the very top of the police force can be the culprits!

Isreal’s Police Maj. General Roni Rittman, who currently heads the corruption probes underway against Prime Minister Benjamin Netanyahu, was charged with kissing a female officer without her Continue reading Little Wonder Police Rarely Charge for Sexual Assault!

Gold-Diggers

Gold-Digger

Women can be just as CADdish as Men!

Today, I received a CAD Identity post from Canada, from a man who had been defrauded there. It brought home to me, that although we generally see the larger share of romantic frauds, for sex and financial gain, by men against women, there is an extraordinary amount of unscrupulous women who defraud men.

The term we generally ascribe to this phenomenon is Gold-Digger! Their stories abound! If you have one, please post it here! As always, you can, and should change the names of all the participants, including yourself.

The problem of rape by fraud and emotional rape is global. Don’t hesitate to alert us to the country or jurisdiction where this happened to you!

I’m starting with the story of how a Gold-Digger impacted my life...

Young and pretty, she came from the Bronx and was fortunate to find a great job with one of the most prolific music publishers in the world. She was awed by his wealth and connections to the abundant talent in the music business. He was 30 years her senior, a father figure to her.

Narcissists don’t need significant emotional connections. The closeness of loving bonds are not what draws them. Instead, they’re driven by financial gain, fame, stature. He had it all.

When he died, she inherited the businesses he’d built. She needed a boy-toy to accompany her to balls, banquets, fund raisers and events; eye-candy who looked good in a suit, knew what wines to pick, spoke several languages…. someone who could dance and charm her friends. She chose my husband.

We were still married at the time although he had disappeared. There was no internet that helped you locate people back then. He’d left my son and me behind, unsupported. Finding him would have eaten into the money I earned to feed, clothe and raise my child.

We lived in subsidized housing, and I juggled multiple jobs at the same time, in order to provide. There are only 24 hours in a day, and the amount of time I needed to devote to making a living diminished the time I could spend nurturing him. Our relationship still suffers the impacts of that loss today. Meanwhile, my estranged husband enjoyed the largess of one of the wealthiest women on the planet. He worked in her office and lived in her duplex apartment on Fifth Avenue, just a few short blocks from our home. We traveled in far different social circles. Our paths never crossed.

She enabled him to deprive his child and eroded my finances. When I was finally able to drag his CADdish rear end into court, my son was 17 and about to go to college. I needed to recoup whatever I could in order to send him. My attorney tried to secure tax returns and income statements. He stonewalled. His income was untraceable. He had lived off the grid in her generosity.  He claimed he had no job and was homeless, sleeping on his parent’s couch in Florida. I couldn’t afford a forensic accountant or private detective without putting my child’s education at risk. I had no idea what I would find, and no amount of wild imagining could have conjured up the truth!

The amount of money it would have taken to provide adequately for his family was a pittance to them. She simply didn’t give a damn. Gold-Diggers have no heart. When I learned what had actually transpired, I wrote to her. She never responded and they neither attempted to make amends nor repair the cavernous hole that his duplicity created in my finances.

There is so much more to this story, that lead me to create this blog and my efforts to enlighten society about the crime of rape by fraud. It’s said that God doesn’t give you anything you can’t handle. I was blessed with the spirit and strength to live through the pain, and the will to help enlighten and change society. I thank God for the friends who helped me through!

I’ve learned that there are different kinds of wealth in life. While they have money, I have a richness of fulfillment that they will never experience. Character disordered people are incapable of love. I am truly blessed!