Tag Archives: #crime

Read VICE Today! Is Lying to Get Laid a Form of Sexual Assault?

VICE

Read Neil McArthur’s insightful article on Sexual Assault by Fraud! 

Be sure to enter the conversation!

Here’s the link: http://www.vice.com/en_ca/read/is-lying-to-get-laid-a-form-of-sexual-assault

Criminal Intent- How It Applies in Sexual Assault by Fraud

#CriminalIntent requires knowledge that you are conducting a #crime
Criminal Intent requires knowledge that you’re conducting a crime

I’m sure the issue Robert Hume raised in his comment elsewhere on this blog is one that troubles many people who hear about sexual assault by fraud, so I thought I’d deal with it in a post. Robert’s words offer considerable insight…..

And what is more I find your assertions offensive! Through your argument you are calling me, my brother, my mother, two of my best friends, and several of my colleges, rapists. How dare you!? I am outraged at such an accusation. This offends me deeply.

It’s my belief that Robert is stating that he thinks all these folks lie to defraud people of sex. If I’m misunderstanding, I apologize, and I’ll quickly correct what I’m saying.

Nobody likes being shamed!

President Barak Obama with Gov. Jan Brewer (AP Photo/Haraz N. Ghanbari, File)
President Barak Obama with Gov. Jan Brewer (AP Photo/Haraz N. Ghanbari, File)

I certainly don’t and I can’t imagine why anyone else would either, unless they have some kinky quirks!  Shaming people is not my intent when I point out that defrauding a person of sex is a sexual assault. My interest is to protect victims, not shame offenders, even though the offender’s actions are, indeed, shameful.

A major factor in the commission of a crime is “Criminal Intent.” If society has yet to deem it a crime, you certainly couldn’t be perceived as a criminal for conducting yourself in a specific manner.

I think Robert’s comment shows that he does, in fact, now recognize his past behavior was shameful, and he’s tranferring the blame for the shame he feels on me, for bringing it to his attention.  I certainly did not make him do the things he did in the past that he may regret in retrospect.

Tryon Edwards, a theologian who died before the 1900s once said:

Right actions for the future are the best apology for bad actions in the past.

Laws change

handcuffsSome laws get tossed aside, and new ones get enacted. We don’t go backwards in time to throw people in jail because they committed an offense that wasn’t considered a crime at the time of their actions. Once a crime is established, however, the concept of “ignorance is no excuse,” applies because society has recognized the behavior as indecent. And whether you knew it was indecent or not, society had determined it was indecent, and holds all its members to specific standards.

Penal code simply codifies what behaviors will be penalized and what won’t. Just because something does not appear in criminal code does not make it right. Behaviors that appear in criminal code tomorrow are the same behaviors that may not appear in criminal code today. Again, just because they’re not currently punished, does not make them right or decent.

Tomorrow’s a new day

I believe that society will wake up and understand the gross harm that the behavior of defrauding someone for sex causes them.  And I’m willing to go on record about my views in order to create a change and prevent further harm. Society does not evolve without the efforts of those who bring about that change.

I hope that by this post, and other discussions that go on throughout society, Robert becomes more aware of the significant harm created by lying to someone to induce sex,  and that he’ll refrain from doing so in the future. I also hope he’ll discuss this issue with the folks around him because it appears they could use some enlightenment!

BTW- This is my 100th post on this blog. I thank everyone who’s contributed thus far to getting the message across about the harm in defrauding people for sex.

 

It’s Not a Crime to be Gullible

#GayleNewland #KyeFortune in #RapebyFraud Case

Gayle Newland- Kye Fortune and Rape by Fraud

Twenty-five year old Gayle Newland of Willaston, Cheshire UK, will be sentenced in November for three sexual assault charges. She created a catphish profile of Kye Fortune, a young man who’d undergone serious medical treatments that had disfigured his body. “He” requested that his victim, a woman who’d engaged in a two Continue reading It’s Not a Crime to be Gullible

Florida- protects their wildlife better than their women!

Using false personation to obtain a seaport security ID can get you a five year stint in Florida State Prison. The Sunshine State’s statuteFloridas on fraudulent practices is so huge, it’s divided into four separate parts. Making false statements to merchants, on real estate transactions, and in communications are just a few of the many defrauding acts that are covered.

Florida identifies the following as their legislative intent regarding using communications systems to carry out false personation:

Schemes to defraud have proliferated in the US in recent years and many operators of schemes to defraud use communications technology to solicit victims and thereby conceal their identities and overcome a victim’s normal resistance to sales pressure by delivering a personalized sales message.

Hmmm…. sounds just like what happens on e-dating sites, but it’s directed at advertisers who are selling products, not at sexual predators trolling for new victims. Seems false advertisements about hair products are far more important in Florida than defrauding you to undermine your sexual sanctity!

Florida identifies what most states call rape or sexual assault as sexual battery. One of the most important determinations in all such cases is the concept of consent. Their definition of consent is contained in 794.011 (a):

“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission.

According to this definition, a rape by fraud victim should be able to press charges based on the fact that their consent was neither intelligent nor knowing.  Other positive signs for the possibility of a rape by fraud charge are conveyed by the following:

794.011 (c): “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.

So, how about lying? Doesn’t that qualify as “any other act” committed without his or her consent? Sure should be!

Other than the ambiguous language quoted, there is no specific law in Florida’s statutes that prohibits rape by fraud: neither in the factum, nor in the inducement. But the literal interpretation of their language supports a victim bringing a case to the authorities, and if they fail to act, turning to their legislators to enact such a law.