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.
The judge in New York is held to narrower constraints than in Pennsylvania, where bringing in testimony from prior victims turned the tide toward conviction against Bill Cosby. We’ll need to wait two months for his decision.
The impact of “consent.”
If we had a NY law defining “consent as “freely given, knowledgeable and informed agreement, #FGKIA,” convicting Harvey Weinstein would be a slam dunk! Unfortunately, in NY, just like all other states, prosecutors are held to convincing the jury that the offender’s conduct meets specific language of a particular act that legislators have deemed “without consent” in penal code. This absurdly narrow way to determine when a sexual assault takes place must be ditched so that coercing a person into acquiescence is never seen as “consent.”
Another similar case currently being tried in Manhattan may provide a clue to Harvey Weinstein’s fate
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 how she felt helpless to resist his attacks because she suffered from chronic pain and he was the only doctor who helped manage her pain for several years. Eleven additional patients at his practices in PA and NJ have made similar claims against him. Supreme Court Justice Mark Dwyer will announce his decisions on the motions Thursday, August 2nd.
July 25, 2018- NYC- A major milestone to define CONSENT took place today! Subsequent to my TEDx Talk, “When YES Means NO, the Truth About Consent,” two legislators, Indiana State Representative, Sally Siegrist (R) and NY State Assembly Member Rebecca Seawright (D) pledged their bipartisan support to establish a clear definition for consent in the laws of their respectively red and blue states. This meeting of the minds shows that no matter what your politics, we can all unite against sexual assault!
Rep. Siegrist, who successfully fought for legislation to curb human trafficking in Indiana in last year’s legislative session, is determined to conquer sexual assault for her state. Here’s the link to her newsletter. Together with Assembly Member Seawright, a long time champion for women’s rights and the former Chair of the Board of the Feminist Press, they make a powerful pair!
Clearly defining consent will enable the police, prosecutors, judges and jurors to hold sexual predators accountable under the law and prevent the confusion between what constitutes “bad sex” or an actual sexual assault.
“Confusion over what consent actually is makes it difficult for society to comprehend. Our laws don’t tell us the definition. They only tell us what “consent” is not. We need laws to express the real meaning of consent…. Freely Given, Knowledgeable and Informed Agreement, #FGKIA,” says Short.
Both Indiana and NY will have legislative efforts to drive the issue of consent forward, and YOU can help! If you’ve been the victim of a sexual assault in either Indiana or NY and would like to speak out at a legislative hearing on this issue, please complete the totally private form below.
Also, if you are interested in helping to get other states to focus on this issue, please complete the form that follows.
On May 30th, at the Hay Festival in Hay-on-Wye Wales, an annual literature and arts festival, Germaine Greer made some devastatingly damaging claims about rape including that rape is just ”bad sex” and calling for lower penalties for sexual assault. Greer is an author and academic born in Australia and residing in the UK.
Her comments not only fly in the face of #MeToo and #TimesUp, but also my TEDxYouth@UrsulineAcademy talk (#TEDxUA and #TEDxUrsulineAcademy) that’s soon to be released.
“Most rapes don’t involve any injury whatsoever,” she said. “Centuries of writing and thinking about rape — as inflicted by men on women — have got us nowhere.” Rape, she said, should be viewed as a “lazy, careless and insensitive” act.
“Every time a man rolls over on his exhausted wife and insists on enjoying his conjugal rights, he is raping her,” she said. “It will never end up in a court of law.” She added, “Instead of thinking of rape as a spectacularly violent crime — and some rapes are — think about it as nonconsensual, that is, bad sex.”
She said the penalty should be 200 hours of community service: “If we are going to say trust us, believe us, if we do say that our accusation should stand as evidence, then we have to reduce the tariff for rape.” (In England, the maximum sentence for rape can be life in prison.)
At one point, Ms. Greer said the punishment could be an “r” tattooed to the rapist’s hand, arm or cheek.
While Greer is correct that not all sexual assaults are violent rapes, she fails to recognize the destruction of a victim’s self worth in all sexual assaults. So while not all sexual assaults are violent, and therefore punishable as an “aggravated” crime, they should still be punished, and a tatoo doesn’t cut it!
Every human being deserves the right to freely give knowledgeable and informed agreement #FGKIA every time they engage in sexual conduct. Without that willingness to engage, – whether undermined by force, duress or ripped from them by deception – they are being assaulted, not seduced. Force, otherwise known as violence, is only one of several ways a victim is deprived of consent (#FGKIA.) But all nonconsensual sex harms the victim. And everyone engaging in sex is entitled to consent to both the action itself and the actor.
How do we fix rape?
Our laws must reflect the proper definition of consent…. #FGKIA! in order to properly deal with sexual assaults of all kinds. Properly defining consent as freely given knowledgeable and informed agreement, #FGKIA, is the solution….. not decriminalizing this egregious and life altering crime!
Virginia’s Penal Code addresses rape by fraud in a clear manner. Using “ruse” to undermine a victim’s consent is considered Sexual Battery, a Class 1 misdemeanor.
Crimes like the one committed by Donald Ward in Indiana, should qualify as Sexual Battery by Ruse in Virginia. Ward crept into the bed of a sleeping co-ed at Purdue University and engaged her in sex. The victim was asleep in her boyfriend’s bed and believed Ward was him.
Virginia’s treatment of sexual assaults is sensible. Their penal code divides misconduct by forcible and aggravated cases and lessor crimes. Initial violent convictions result in felony charges, but repeat misdemeanor offenses will raise the level of the charge to a felony.
Most sexual battery offenses, whether violent or not, will result in mandatory registration on the sex offender list.
Additionally, Virginia will prosecute offenders who transmit Aids, HIV, Hepatitis B or Syphillis.
If you’ve been sexually assaulted through a ruse in Virginia, please notify me at StopRomanceScams@ymail.com.
A. An accused is guilty of sexual battery if he sexually abuses, as definedin 18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation, or ruse.
Amid shouts of “Hey-hey, ho-ho, Donald Trump has gotta go!” and “Trump is not my President, You’re fired White House resident!” throngs of women, men and children wound our way through the streets of midtown Manhattan yesterday. The sea of hopeful faces marched forward in solidarity with hope for renewed political integrity and equality for all mankind.
While I try to refrain from comparing anyone’s pain to the harm experienced by others, recent political impacts have helped me recognize how struggling through injustice with no possible relief makes people feel invisible. Hearing hate speech and seeing sexual dysfunction from institutions we relied on as the source of decency, cuts deeply into our collective self esteem. It was uplifting to travel together, surrounded by those who embraced morality and humanity, even if only for four hours.
The sight of the Trump Hotel inspired my sense of irony as I invited my favorite New York State Assembly Member, Rebecca Seawright, to join me in holding up my poster: CONSENT = #FGKIA, Freely Given, Knowledgeable and Informed Agreement. I pray we can see these words indelibly inscribed into the penal code of NY and every state before we march again in 2019!
You can help by calling your legislators to demand that they make it happen! #FGKIA can be the solution for #MeToo, #TimesUp and the gross confusion over sexual assault and sexual harassment that enables sexual predators like Weinstein, Cosby, Moore and Trump to go unpunished. It can end the invisibility that sex crimes create in a world blinded by ignorance!
Call your legislator and say, #FGKIA – Sign it into law today!
This story seems so familiar to many of us in the US. Yet NOTHING happens to put creeps like this guy behind bars here!
It’s not as if the victim was violently raped…. she wasn’t. But she was dealt the crushing blow of being defrauded of sex.
The victim’s father had posted her profile on a matrimonial site. Allegedly, Sameer Anwar Khan responded, claiming to be a police officer and a suitable suitor for his daughter. He actually pretended to marry this 22 year old woman by creating faked documents! Nothing he said or did was the truth.
This predator will not be dealt with as if he committed a violent rape. But he will be dealt with for the lesser charge of rape by fraud. He will do time for his misdeeds and be fined. And that’s how rape by fraud should be treated around the world!
YOU can make that happen, and prevent sexual assaults of all types while you’re at it! Pick up the phone! Call your legislator! Insist that they sign this language into law today…..
“Non-consensual sex is a sexual assault!”
“Consent is Freely Given, Knowledgeable and Informed Agreement!”
Don’t just “like” this message. Pick up the phone! Make it happen!
We CAN combat all kinds of sexual assaults, today!
December 9, 2017- Not even the driving snow and freezing temps could deter dozens of sexual assault survivors from rallying in solidarity in NYC. Staging the event directly across the street from the Trump International Hotel, added a distinct backdrop of irony and inspired signs calling out Trump as “Rapist-in-Chief,” and more. Despite the cold, I was honored and proud to be among the speakers to voice support for the cause.
Sonia Ossorio, the NY State President of NOW, delivered a heartfelt plea that #MeToo will soon become #NotMeToo. Shani Harris, Elizabeth McLaughlin and other sexual assault survivors soulfully moved the crowd with their personal stories.
Organizers, Connie Vasquez and Annmarie Haubert, planned the event as a means to bring sexual assault survivors together in a shared moment of solidarity and support. Because victims are often invalidated and harshly judged, being able to relate their stories to others who shared similar nightmares, can provide tremendous relief and a welcome feeling of acceptance. With hands so cold they could no longer turn pages, they passed the microphone from one speaker to the next.
Assembly Member Rebecca Seawright contributed her message of hope:
METOO is WETOO; the movement has touched each and every one of us and has transformed society. We will NEVER go back but continue to move ahead for progress and equality in all spheres of life.
My explanation about the need for new penal code language got rousing support from the crowd. But we need to spread this message to the world:
While #MeToo exposed the problem, society desperately needs to enact the solution!
We can only hold people accountable for violating a victim’s consent, if our laws make the definition of consent crystal clear!
Instead our laws are a mish-mosh of absurdly differing language and expectations. And those laws often convey what consent is not, rather than what it is: freely given, knowledgeable and informed agreement, #FGKIA.
Combining an accurate consent doctrine together with the simple but important language endorsed by President Obama and Vice President Biden in the ItsOnUs Pledge, Non-consensual sex is sexual assault,will put teeth into the laws that protect society, and change rape mentality, now, and for generations to come.
Don’t wait. Don’t leave it up to the next person. Pick up the phone to your legislators. Tell them to adopt the consent doctrine and the definition of sexual assault from the ItsOnUs Pledge today!
Consent is freely given, knowledgeable and informed agreement!
Non-consensual sex is sexual assault!
Here’s the speech I delivered for the awesome December 9th gathering:
“What a beautiful sea of brave faces! Brave because you dared to publish your #MeToo stories that brought sexual assault out of the shadows and into the daylight. And brave for openly standing together in solidarity, in this driving snow, to add power to all the #MeToo voices that came forward.
But we’re not through being brave! And I’m going to ask you for one more act of bravery……
While the #MeToo effort shines a light on this wide spread problem, it doesn’t fix it. Only enacting new laws to fight sexual assault will do that!
Generations ago, our nation fought a bloody war that embattled brother against brother. But the Civil War is not what actually stopped slavery. Enacting new laws that made slavery a crime so overwhelmingly changed the public’s conscience, that today we wonder how slavery could ever have existed in a moral society. And that’s what we need to do with sexual assault!
I’ve researched the laws from state to state. And what I’ve found is a mish mosh of inconsistency. Even the concept of “consent” is either not defined or poorly defined in penal codes around our nation. How can we possibly expect to lock up people like Harvey Weinstein, Roy Moore, Bill Cosby and Donald Trump when, in most states, consent is defined by what it’s not instead of what it is!
Sexual predators want us to believe that every form of agreement carries the same weight. But nothing could be further from the truth! Consent is NOT the only form of agreement. But it’s the form of agreement that’s required in ALL sexual contact!
There’s acquiescence, like when you’re 5 foot 2 and 110 pounds soaking wet, and you’re assaulted by someone 6 foot tall, 225 pounds, and you freeze like a butterball turkey because you’re afraid to anger them and make the problem worse than it already is. I know, because that’s exactly what happened to me!
There’s assent, like when you’re the sole support of 2 kids and your boss corners you by the water cooler, gropes your breasts, and you say nothing because losing your job is simply not your option!
But neither of these forms of “agreement” rise to the level of “consent, which is “freely given, knowledgeable and informed agreement,” FGKIA!
President Obama (and yes, he’s still my President) and Vice President Biden endorsed the ItsOnUs Pledge with very special language that together with FGK&IA, can turn the tables on rape mentality. They said, “Non-consensual sex is sexual assault.” But you won’t see those words stated anywhere in penal code, anywhere in our nation. We need to change that! We have to establish what sexual assault is, and we have to establish what consent is to bring rape mentality to an end!
So what’s the brave thing I’m going to ask you to do today?
Call your legislators! Make sure they know you want “Non-consensual sex is a sexual assault” and “Consent is freely given, knowledgeable and informed agreement,” signed into the laws in your state, right away! Light up their switchboards! Illuminate the path to stop rape mentality today!
So let me hear you! FGK&IA, sign it into law today!
FGK&IA, sign it into law today!”
A new law can stop romance scams in their tracks! And you can be a vital part of that change!
Join The FORRSC! today! It’s free! And it’s working in states across the US to outlaw all rape and romance scam crimes! Members of The FORRSC! will play a crucial role in enacting laws against all forms of non-consensual sex in their state.
Note: None of the information on the following form will be publicly released.
I just received an important notice from the NYC chapter of NOW.
The cause of NOW’s outrage is the statements made by Commanding Officer, Captain Peter Rose when explaining why only 2 out of 13 recent rape cases were solved. He said: “Some of them were Tinder, some of them were hook-up sites, some of them were actually co-workers. It’s not a trend that we’re too worried about because out of 13, only two were true stranger rapes” Continue reading #NOW Is Outraged at the NYPD!” #TakeRapeSeriously!”→
Please help support this effort! Watch the video and pre-register for your copy today!
By doing so, you’ll help put an end to cases like that of William Allen Jordan and Mario Antoine who shamelessly prey on victims for non-consensual sex. This crime harms millions of innocent lives each day. Together, we can make it stop!
In Kansas City MO, thirty-three year old Mario Antoine is facing 21 federal charges, from cyber-stalking to extortion, for scamming women into sex on the premise that he was a porn videographer and they were auditioning for a part. The FBI handled the investigation, and the Federal Prosecutor was quoted by the Kansas City Star as saying he’s a “serial rapist.” But rape is a state, not a federal crime. Continue reading How to get away with rape in Missouri! The Mario Antoine case→
Federal Prosecutors described alleged sex scammer, Mario Ambrose Antoine as a “serial rapist” and put a current case of Rape by Fraud center stage in main stream media! The case was filed with 6 complainants but 25 additional woman have stepped forward since the Kansas City Star went public with the information on Monday. If you were harmed by this man, contact the Kansas City MO office of the FBI at 816-512-8200.