Today is a very special day. Today, we wear the color teal because it’s the day we devote to taking action to prevent sexual assault. And even though we’ve all been put on pause, there is still much we can do to bring the scourge of sexual assault to its knees!
April 18, 2019- Doylestown, PA- Steve Humanick of Stone Harbor, NJ, faced two accusers yesterday in open court. One victim is currently seeking a restraining order against him to protect herself and her family. The other previously received a settlement in a civil action against him, and testified under oath that Humanick had raped her. Continue reading Steve Humanick Is Back in Court→
Kudos to Eve Wiley from Dallas TX, who inspired a precedent setting sexual assault by fraud bill, approved by legislators in Austin yesterday! Speaking about the offender, Representative Stephanie Klick, the bill’s sponsor in the House of Representatives, said, “This is a person who you really trust and they betrayed you.” She was referring to the case of Wiley’s mother who had been duped by Dr. Kim McMorries.
Watch #SeedOfDoubt on ABC’s 20/20 tomorrow night, 10/9c, to see yet another way the laws of Texas denies justice to its residents!
Be sure to watch this compelling story, and contact your legislators to demand that “fraud” be an element of sexual assault in your state!
20/20’s episode shows how a young woman who came to life as the product of artificial insemination, believed her father was donor #106, and they enjoyed a close father/daughter bond….. except….he wasn’t really her father.
Consent is the critical key that should separate lawful contact with a victim’s reproductive organs from unlawful contact. Yet in Texas, sexual assault law does not protect against a fertility doctor swapping sperm to implant his patient…. a decidedly vicious sexual assault by fraud.
Consent is not simply agreement.
Consent is freely given, knowledgeable and informed agreement, #FGKIA.
Unless and until Texas Penal Code applies consent appropriately and states that all conduct involving a person’s reproductive system – that lacks consent – is a crime, criminal behavior such as this will continue to fall through legal loopholes.
Swapping sperm violates victims on several fronts:
Fraud vitiates the consent form which was required in order to perform the medical procedure since the patient was not knowledgeable….. rendering the medical procedure an illegal act.
Fraud violates the victim’s sexual autonomy, a sexual assault, because the patient was not knowledgeable and informed. She could only “assent” which means “agreement on the face of it.” She could not “consent” which means “freely given. knowledgeable and informed agreement.”
In matters of reproduction, fraud creates the bond of pseudo-family. Revelation could be devastating to all parties.
The laws of Texas are upon you, or, at least, they should be
In Texas, “consent” is ignored where rape and sexual assault is concerned. In several efforts to report rapes to various precincts, police officers, and even a Sergeant, recently told victims, “Consent is not an element of rape in Texas.”
Violating consent is clear when someone steals property…. but the same consent provision that protects property is not applied in protecting a person’s sexual autonomy. Instead, the legislators of Texas have chosen specific acts of sexual assault to prosecute… a system consistent with using an umbrella made of Swiss cheese to protect against a storm.
Texas should take a cue from Missouri or from my TEDx Talk!
Unlike Texas where fraud only protects against theft and not sexual assault, Missouri’s Rape in the 2nd Degree statute clearly states: “Assent is not consent when induced by force, duress or deception,” While Missouri expresses when consent does not take place, my TEDx Talk, “When YES Means NO – The Truth about Consent,” clearly defines what consent actually is – Freely Given, Knowledgeable and Informed Agreement. #FGKIA!
Did the patient freely give the doctor knowledgeable and informed agreement? There’s no Swiss cheese when #FGKIA is applied. It’s an all-encompassing umbrella!
Kudos to Abby Ellin for getting this right!! As an author about a very contentious subject, I’m often concerned about my words getting twisted, but Ms. Ellin was thorough about the important points and spot-on in the message she’s conveyed.
The #FGKIA definition for consent, “Freely Given, Knowledgeable and Informed Agreement,” is the REAL definition for consent. We need to drive #FGKIA into the consciousness of society! Adopting this language into law will not only open society’s eyes to defrauding victims of sex, but will help conquer all forms of sexual assault! We can no longer tolerate our legislators picking and choosing specific types of sexual assaults to prosecute, when ALL FORMS OF SEXUAL ASSAULT IS – WAS – AND FOREVER WILL BE A CRIME!
Failure to recognize this definition not only impacts sex by deception victims, but prevents society from understanding what actually constitutes rape.
For the NY Times to be dealing with the issue of sexual assault by deception is a huge step forward to enlighten society. Please read this article and write your opinion in the comment section. Use your voice to make the world a safer place!
Were you denied a police report when you summoned the courage to unburden your soul at a precinct? Did your aching heart get re-victimized when they told you the damage you suffered was not enough to warrant their attention?
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.
Jamaican law is far superior to US law when it comes to recognizing the horror of rape by fraud! Read this important article, written by Orville Taylor and published today in The Gleanerin Kingston Jamaica. Pay close attention to this statement:
“Indeed, capacity is also affected by knowledge so that if someone pretends to be someone else and gets to engage in intimate contact with the ‘victim’ by fraud, it is assault and rape if it goes far enough. Believe it: If a woman masquerades as a man, and, based on deception, gets into sexual activities with a heterosexual woman, it is also assault.”
There is simply no excuse for our US laws to disregard the heinous assault on the victim in cases where a sexual predator’s weapon of choice is trickery!
If our laws were clear that consent is freely given, knowledgeable and informed agreement, #FGKIA, accountability would exist for all types of sex crimes, not simply the specific mentions our law makers call “sexual assault” or “rape,” while completely ignoring all the rest!
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
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.
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!”→