Tag Archives: #FGKIA

CONSENT- The Common cure for Domestic Violence, Rape and Sexual Assault #DVAM!

As Domestic Violence Awareness Month (#DVAM) winds down, we are nowhere nearer to the solution.

In fact, just this month in Indiana, legislators passed on an opportunity to make a difference! Their Legislative Interim Study on Consent, headed by State Representative Wendy McNamara, closed down without any stated effort to bring about change despite objections from legislators on both sides of the aisle.

Consent is critical in any conduct in which one person touches another. And when the person touches the reproductive organs of another, or performs any physical contact to engage the other person sexually, they must have CONSENT. Commonsense is pretty clear that this is so. The problem is, no state speaks definitively about what consent actually is……. leaving the police, judges, prosecutors, defense attorneys, and the public with no guidance, and only a few restricted ways to hold sexual predators accountable.

COVID 19 has forced domestic violence victims to isolate with predators who prey on them, This reality has caused legislators to take emergency measures to support services that provide sanctuary to victims. But still, they overlook the fundamental cure to preventing domestic violence from happening in the first place,….. the clear and simple recognition of “consent” that will hold offenders accountable!

Defining consent makes police action mandatory in sexual abuse cases because an obvious, blatant crime is taking place. An officer who fails to take action is aiding and abetting in the commission of a crime.

Until we #CodifyConsent in our laws, abusers, attackers, predators, and rapists have the upper hand, while victims are left at their mercy and denied their 14th amendment right to equal protection under the law.

Contact your legislators! Your vote is your voice! Only vote for candidates who pledge to #CodifyConsent in our laws!

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Do legislators Enable rape?

Indiana State Representative Wendy McNamara

On October 6th, the Legislative Interim Study Committee on Consent in Indiana, comprised of 14 Indiana legislators, and led by Representative Wendy McNamara, proved that legislators give lip-service to the problem of sexual assault, but fail to produce meaningful solutions.

In spite of protests by three legislators from both sides of the aisle, McNamara insisted on filing her committee’s report with NO support for a consent bill. She even refused to include any mention that the committee would continue to research and work toward a solution.

According to The Statehouse File.com from Franklin College, McNamara said: “I don’t think we necessarily gleaned from testimony that we need a definition as a state. I’m not prepared at this time to say we in essence recommend that we have to have a definition.”

Apparently, we need to ask Representative McNamara- “How does an obscure concept of CONSENT possibly convey an understanding of rape to the residents of Indiana? And how do you expect sexual predators to be held accountable when you, as a law maker who your constituents have entrusted with protecting them, knowingly fail to define consent in Indiana’s laws?”

In the upcoming election, voters should be deeply concerned with supporting candidates who fail to pledge to #CodifyConsent. The people of Indiana will know how their candidates stand on this issue because CAN will be tweeting every candidate over the next few weeks. And you, no matter what state or jurisdiction you live in, should do the same….. #WillYouCodifyConsent?

The Consent Awareness Network placed the need for a consent definition in Indiana right in front of the committee members’ noses.

In fact, the launch of the committee’s efforts began with a video we submitted, featuring Weinstein Survivors, Mimi Haley and Tarale Wulff, like this one. Their testimony included the fact that the jury asked for the definition for consent, and that because New York state also fails to define consent in its penal code, the judge simply replied, “Use your commonsense.”

Does McNamara actually believe that each jury should make up their own definition for consent, or should they decide the case based on the evidence presented at trial? How does making up their own definition serve society’s right for the equal protection under the law granted by the 14th Amendment of the United States?

Additional Supports

We also provided the study committee with a well-researched draft bill we’d worked on with the legislators in Pennsylvania, as well as free copies of “Your Consent – The Key to Conquering Sexual Assault.”

Here’s why legislators turn a blind eye to defining consent in our laws:

Centuries of horrifically ignoring sexual sanctity are so engrained in our penal codes that legislators are tone deaf on changing the laws.

Even Greek mythology ignored the concept of consent as in the tale of “Leda and the Swan” in which Zeus takes the form of a swan to have his way with Leda.

Our laws recognize that consent is freely given, knowledgeable and informed agreement #FGKIA when protecting your property, your medical decisions, your identity on the internet, and countless other things. But the need for applying that same concept to protecting a woman’s body is treated as absurd and unimportant.

Our forefathers, many of whom had horrific records of indecent sexual conduct, fashioned laws with no regard for women, and still do so even though sexual assault can affect men as well. But there are far more voting males who are covert sexual predators, then the amount of voting male victims of sexual assault. To legislators, votes matter!

It’s baffling how law makers rely on the opinions of the legal establishment to determine what harms their constituents suffer.

Behaviors are and should be crimes because of the harm they inflict on society; not the ease or difficulty to prosecute in a court of law. Law makers put more stock in what the legal establishment says about prosecution than what their constituents actually need for protection.

CAN, including Cheryl Carmel, the Foreperson for the second Bill Cosby jury, meeting with Senator Katie Muth in Pennsylvania

The Consent Awareness Network has engaged in efforts to secure appropriate “Consent” language in penal codes in several states including MA, PA, AK, UT, NY, IN, TX, SC, and more. Each legislator we spoke with is clear that consent is freely given, knowledgeable and informed agreement, #FGKIA, but in each and every state, the legislative reliance on the legal establishment is creating an impasse to securing appropriate protections for society. 

Lawmakers did not have to ask permission from the legal establishment to determine what constitutes murder. We all know that the pre-meditated killing of another human being is a crime. The US Department of Justice Statistics tells us that only one third of violent crimes actually lead to an arrest. Despite the difficulty pursuing murderers, we still recognize what murder actually is. Despite the difficulty pursuing sexual predators, our laws must correctly state that consent is freely given, knowledgeable and informed agreement, and that nonconsensual sex is a crime!

Call your legislator. Demand that they #CodifyConsent in your state. If you’d like CAN’s help securing correctly defined “consent” in your penal code, contact us at info@ConsentAwareness.net.

Once our lawmakers get CONSENT right, the legal establishment will have to prosecute or defend sexual assault cases according to the law. Reliance on the legal establishment to create the law is like the tail wagging the dog! In this case, it’s a very complacent, cavalier dog that thinks society won’t recognize how complicit they are in enabling rape.

Stop the ignorant nonsense. Demand that legislators #CodifyConsent today!

Can you help launch “CONSENT” in Indiana?

Your help is urgently needed!

Defining CONSENT in our laws is the critical key to conquering sexual assault, and the legislators of Indiana are examining the definition for this pivotal word for Indiana’s penal code….. RIGHT NOW!

Defining consent in one state, opens the doors to defining consent in every state and jurisdiction across the US and around the world, no matter where the process starts!

The late Ruth Bader Ginsburgs’s words never rang truer than today: “Nothing changes without changing our laws!” You can be part of this monumental, transformational change!

Like every other state throughout the US, Indiana currently fails to define “consent” in its penal code.

Indiana’s legislature has empanelled a legislative study committee to research and file their report on October 6th. Your letters and phone calls to members of the study committee can help this vital effort succeed.

You will find the email addresses and phone numbers below for each member, as well as a model letter to use as-is or modify to your liking.

Viewed by each legislator:

The correct definition for “consent” that CAN has introduced is endorsed and supported by Model Penal Code, Nuremberg Code, and General Data Protection Regulation:

Consent is Freely Given, Knowledgeable and Informed Agreement. #FGKIA.

Failing to include the actual, and appropriate definition for consent in penal codes enables rape mentality and puts every man, woman and child at risk for sexual assault and rape. In the Weinstein and Cosby cases, each jury asked for the definition. Each judge answered- “Use your commonsense.” This same discussion takes place in practically every rape trial.

All victims are entitled to equal justice under our laws. Only when we #CodifyConsent can we establish a consistent definition for judges to convey to each jury in order to hold sexual predators accountable and secure equal justice for all. Defining “consent” makes unlawful sexual conduct crystal clear to each and every member of society.

Please use the list that follows to write and/or call today, and bcc Info@ConsentAwareness.net so that we can track the volume of responses on this important issue.

If you would like for CAN to help you begin the process of defining consent in your jurisdiction, write to us at info@ConsentAwareness.net.

Dear Senator _____ or Representative ______:

Thank you for your efforts, as a member of Indiana’s Legislative Interim Study on Consent, to #CodifyConsent in Indiana’s penal code.

Defining consent as the freely given, knowledgeable and informed agreement that it is, will not only protect generations of men, women, and children, but will also serve as a blueprint for appropriate sexual assault laws in additional states and jurisdictions.

No matter how the offender conducts a sexual assault, the victim has a right to equal justice under the law. Only by providing a consistent and correct definition for consent can justice be meted out with an equal hand and can society clearly understand what constitutes a sexual assault.

I look forward to your support for a bill, recommended by your committee, to define consent in the penal code of Indiana.

Sincerely Yours,

Your Name

Your location

List of Legislative Study Committee Members and Their Contact Information

Committee Chair: Representative Wendy McNamara, 800-382-9841, 317-232-9719, h76@iga.in.gov

Committee Vice-Chair: Senator Michael Young, Legislative Assistant Madalynn Conner, 312-232-9517, madalynn.conner@iga.in.gov

Senator Mike Bohacek, 317-232-9400, Senator.Bohacek@iga.in.gov

Senator Justin Busch, 317-232-9400, Senator.Busch@iga.in.gov

Senator Timothy Lanane, 317-232-9427, s25@iga.in.gov

Senator Karen Tallian, 317-232-9404, s4@iga.in.gov

Senator Greg Taylor, 317-232-9432, s33@iga.in.gov

Senator James Tomes, 317-232-9400, Senator.Tomes@iga.in.gov

Representative Ragen Hatcher, Legislative Asst. Jalen Jones, 317-234-3101, Jalen.Jones@iga.in.gov

Representative Blake Johnson, Legislative Asst. RaeVen Ridgell, 317-232-9827, RaeVen.Ridgell@iga.in.gov

Representative Sharon Negele, Legislative Asst. Lewis Ostermeyer, 317-232-9816, Lewis.Ostermeyer@iga.in.gov

Representative Matt Pierce, Legislative Asst. Shelby Baumgartner, 317-233-5348, Shelby.Baumgartner@iga.in.gov

Representative Gregory Steuerwald, Legislative Asst. Andrew Alvarez, 317-232-9620, Andrew.Alvarez@iga.in.gov

Representative John Young, Legislative Asst. Cody Eckert, 317-234-9499, Cody.Eckert@iga.in.gov

Committee Lay People:

Linda Brady, Chief Pobation Officer Monroe County- lbrady@co.monroe.in.us or LinkedIn

Bernice A. Corley- Indiana Public Defenders Council- bcorley@pdc.in.gov or LinkedIn

AmberFinnegan- Executive Director, Jefferson County Court- amber.finnegan@jeffersoncounty.in.gov or LinkedIn

Judge Matt Headly- Indiana Circuit Court, 301 N. College Avenue, Bloomington IN 47407

Randy Koester – Indiana Dept. of Corrections, rkoester@idoc.IN.gov, 317-232-5711

Chris Naylor- Executive Director, Indiana Prosecuting Attorneys Council- ipacinfo@ipac.in.gov or LinkedIn

Legislative Interim Study Committee Staff: Andrew Hedges Esq. : Andrew.Hedges@iga.in.gov

Timing- “The most important piece in reporting sex crimes”

On September 15th, Indiana Representative Wendy McNamara headed a legislative study on CONSENT. One of the presenters, Samantha McCoy from RISE spoke about a case in which the victim was denied justice because she waited a year to take action. The officer told her “The most important piece to reporting is the timeline.”

The reporting timeline affects cases even when the victim reports within the statute of limitations.

Denial of justice is common

In the Harvey Weinstein case, his defense introduced testimony from an expert witness on how memory degrades over time. She ignored the fact that in rape, or other traumatic contact, memories are indelibly seared into the mind. This phenomenon explains why Dr. Christine Blasey Ford could recall details of Brett Kavanaugh’s attack but he, himself, remembered nothing. In a drunken stupor, his behavior, which contained no trauma to him, failed to register in his memory.

After suffering the defiling trauma of rape, many victims simply want to avoid all thought about the incident to restore “normal.” It takes hard work and effort to come to terms with what happened. Overcoming the onslaught to one’s self esteem, destruction of trust, and all the physical and emotional wounds that were inflicted, takes an effort of huge magnitude.

Often, when victims feel ready to pursue justice, our system of justice denies access because the aggrieved is considered to have degraded memory. Here’s the solution…..

Write it down and send a LETTER to SELF!

No matter whether you feel ready or willing to step forward, those feelings can change over time. Preserve your right to be taken seriously by emailing, to yourself, a detailed account of the events. The closer to the date of the actual incident you do so, the greater the acknowledgement you will gain down the road from those in authority. Be sure you hang onto this email by filing it permanently in your system.

Added benefit…..

Trauma scatters your memory. The neuropeptides and hormones that protect your psyche and your body can veil factual awareness from entering your brain in a linear way. One of the reasons the reports of rape victims are treated as “suspect” is because their concepts fail to initially take a linear track. If, however, you write down your account, for your own eyes, you will go through the linear thought process that enables you to assemble the jumbled pieces.

Whether you ultimately decide to go forward with reporting or not, the ability to package your trauma into a document you can file and to revisit as you desire, will help you stop struggling with the memories. It allows you to literally put those memories on the shelf and move past them.

Up-Vote Your Favorite CONSENT Song Contest Entry

Watch and vote for your favorite! And subscribe to our YouTube Channel.

Have singing talent or know someone who does? Read the guidelines and get those entries in by midnight September 1. Voting ends midnight, September 15th.

Grand Prize $500!

Raise awareness! Help define consent to make the world a safer place!

Consent Law Zoom Call – You’re Invited!

RSVP with the words”Consent Zoom” in the subject line to TeamRebeccaSeawright@gmail.com

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.

Email “TeamRebeccaSeawright@gmail.com” with the words “Consent Zoom” as your subject, to receive the log-in information for this call.

Want to be a part of a transformational change to conquer sexual assault? 

Watch this TEDx Talk and read “Your Consent – The Key to Conquering Sexual Assault.” 

Together, we can make the world a safer place!

 

“Consent” Interview- Tracy Malone Interviews Consent Crusader, Joyce Short

Available now on YouTube! 

Just in time for Sexual Violence Prevention Month!

I had the recent pleasure of interviewing with Tracy Malone, the creator of Narcissist Abuse Support  which provides meaningful information on recovery, as well as support, for hundreds of abuse sufferers.

Tracy Malone, Coach, Organizer, YouTube Guru on Recovery for Narcissist Abuse

Our discussion ran the gamut between the actual definition for “consent” to the concrete steps people can take to make the world a safer place.

I think you’ll find it enlightening!

#CodifyConsent – Did you hear what Harvey Weinstein said?

Weinstein finally opened his mouth at his sentencing and showed the world why we desperately need to #CodifyConsent in our laws!

When the jury asked his judge, Hon. James Burke, “What’s the legal definition for consent?’ all he could say was:

“Use your commonsense!”

Continue reading #CodifyConsent – Did you hear what Harvey Weinstein said?

Consent’s Vital Role in the Dance World

Dancer- Olivia Tarchick, Phtoto by Dafid Hofmann on Unsplash

Today’s post is written by Nicole Perry, CAN’s latest Consent Outreach Ambassador. Nicole is based in South Florida and her unique, professional background in the dance world ties right in with our mission to clearly define consent for society and in penal codes across the US and around the world! 

Nicole is an intimacy director/choreographer, dance choreographer, and movement director. She is also a director, actor, dancer, and the founder of Momentum Stage, a non-profit organization providing resources for performing artists. Her credits are listed below her post.

Here’s what she has to say…….

I believe this time of physical distancing is going to make us more aware of contact and proximity when we are able to reenter the “real world.” Because of that, being able to ask for, as well as affirm or deny consent, is going to be a really applicable skill, in a different way than before.

Photo by Jonathan Ballistella on Unsplash

In the world of performing arts, where I work, consent has only recently become a topic of consideration. I am an Intimacy Director/Choreographer. I create the movement for intimate moments on stage, many of which require physical contact.

Recent beginnings

The term used for my job was created in 2004 by Tonia Sina, the founder of Intimacy Directors International. My role centers around consent. The theatre, film, and opera worlds have been adding this role to their creative teams since about 2017. Even though the #MeToo Movement thrust the need for consent into the spotlight, the concert dance world is still behind. But, as last year’s scandal at the New York City Ballet shows us, it really needs to catch up.

Agreeing under pressure

Photo by Nihal Demici on Unspash

Being a performer conditions us to say “yes”, even if we don’t really mean it. The myth of the Hard to Work with Actor, conveys that when the performer does not say “yes” to everything asked of them, they’ll be labelled “hard to work with,” “difficult,” or “a diva,” and will find it very challenging to get work in the future. “Yes, and…” is encouraged as the only response when conducting improv work.

In dance, a teacher models the combination, and students work to look as much like the teacher as possible. Dance pedagogy, while being very teacher-centric and allowing only one voice of power in the room, is also very touch-centric. It allows the person in power to have “at will” access to the bodies of those not in power. This creates quite the paradox:

While dancers are working to have complete control over their bodies, they are also expected to immediately surrender that control to the teacher or choreographer.

The power-differential effect

Beyond a dancer’s conditioning to say “yes”, we are also conditioned to see and respect power. The performing arts are incredibly hierarchical. The director is in charge of the actors, but answers to an artistic director and/or producers. Among the actors there are leads as well as supporting, and ensemble company members. In dance, the choreographer is in charge of the piece, but the artistic director is in charge of the company.

Photo by David Hofmann on Unsplash

There are the corps or company members, but there are also soloists who rank higher up the ladder because of their opportunities, physical capabilities, and often – their paychecks. These power dynamics are part of a performer’s culture from the very first show they are in; which for many is at a very young age. All of this reinforces “yes” as the only option.

Enter CONSENT.……

In my work, as an Intimacy Director/Choreographer, I tell everyone that the work is based on CONSENT, and “consent” is truly only “consent” if “no” is a valid answer. I assure the directors that I can make a story work and fit their artistic vision, while still respecting a performer’s boundaries. I try to ask open-ended questions to my performers, with no implied “yes,” such as, “Does it work for you if so-and-so puts her hand in such-and-such place?” or, “How do you feel about so-and-so placing her hand in such-and-such place?” in order to encourage them to answer honestly.

We are very pleased to be partnering with CAN to promote Consent Culture in the Performing Arts.

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Tap this link if, like NIcole, you’d like to help raise awareness and make the world a safer place by becoming a CAN Consent Outreach Ambassador.

About Momentum Stage

Momentum Stage, offers resources for artists and teachers of the performing arts. We have a whole category of such resources that revolve around Touch and Consent. We offer 3 online courses:

In addition, we offer consulting services for studios, departments, and companies to help create policies that honor the agency of, and protect, their performers and creators.

Recent Credits for Nicole Perry include: 

  • Imagine: a Journey in Dance at the Kravis Center,
  • Choreography and intimacy direction for the US premiere of The Glass Piano at Theatre Lab
  • Intimacy choreography for In the Heights with Measure for Measure Theatre, where she is the resident intimacy choreographer
  • Certified Laban/Bartenieff Movement Analyst through Integrated Movement Studies
  • Member of Stage Directors and Choreographers Society
  • Apprentice at Intimacy Directors International.
  • Founder of Momentum Stage, a non-profit providing resources for performing artists

 

What an Unmasked Trump Teaches Us About Consent

By his refusal to wear a mask, Trump is flaunting morality. If wearing a mask were required by law, he’d have to comply. Instead he can flaunt moral reasoning and science to maintain his outward appearance because, let’s face it….  the only reason he’s not wearing a mask is because he doesn’t like how he’d look. To Trump, personal vanity trumps concern for his fellow man.

A true leader would understand the moral imperative behind his wearing that mask, not only to protect those around him, but to set an example for the world.

When you insist that your children wear a mask, and they say, “But the President doesn’t wear one, why should I?” there is only one answer you can give them; “Because he just doesn’t give a damn about who he harms. We do.”

Trump and Consent

Trump’s example reveals why we so desperately need to #CodifyConsent in our laws. There are people who walk among us that will only abide by decency and morality when laws establish accountability. They will skirt around penal codes that fail to cast a wide and incontrovertible net. They will rape, assault, and even murder if they are not reigned-in by established law.

Our sexual assault laws are fraught with legal loopholes that immoral people slip through. For background on a few, read the posts on Donald Ward, Kim McMorries, Roger Hardy, Justin Schneider and more.

The vast expanse of the legal loopholes in sexual assault laws can only be plugged up by codifying consent into law.

The Pandemic’s Interference

COVID-19 has paused the train that is moving the bill we’ve been working on in PA down the tracks. But we have wonderful legislators who have pledged to go forward as quickly as humanly possible.

Meanwhile- here’s a little song to hum while we wait – to the tune of:

“You’re so Vain”

by Carly Simon and revised by moi……

 

You walked up to the platform,

Like all those times you’d  done so before.

And you stumbled over all your printed text,

While you pointed out your ratings that soar.

 

You had one eye on the camera,

As you shift and avoid press with ease.

And half the world, when they listen, they get sucked-in

‘Til your bald spot’s revealed by the breeze.

 

You’re so vain,

You won’t wear a mask ‘cuz it’s not cool.

You’re so vain,

The safety of others, not for this fool.

This fool,

This fool!

 

Oh… Pandemics are not a “real big threat,”

North Korea is not our foe.

And we all should be dying in a painful death,

So the wealthy can keep all their dough.

 

But, how will they actually spend it, once you’ve destroyed our democracy,

We had our choices but they’ve all been dismantled,

All been dismantled, cuz,

 

You’re so vain,

You won’t wear a mask ‘cuz it’s not cool.

You’re so vain,

The safety of others, not for this fool.

This fool,

This fool!

 

Yes…

 

You’re so vain,

You won’t wear a mask ‘cuz it’s not cool.

You’re so vain,

The safety of others, not for this fool.

This fool,

This fool!

Feel free to record your version of this song on YouTube. And don’t forget to post it here!

Happy Sunday! (Due to sheltering in place, I  actually had to look at my phone to make sure I had the day right!)  I hope everyone reading this, and also those who don’t, are safe, healthy, and secure!

And, before I forget, only 2 more days before “Your Consent-The Key to Conquering Sexual Assault” is free for everyone until 4/12. Share this information with your friends. Get your copy. Call your legislators, and demand change! #CodifyConsent

Your Consent - The Key to Conquering Sexual Assault
Free from 4/7 to 4/12 http://bit.ly/YourconsentE

 

 

 

#SAAM Starts Today!

#CAN Celebrates #SAAM
Teal is the official color for Sexual Assault Awareness Month

For many people- Sexual Assault Awareness Month (SAAM) begins today. But for those who have been sexually assaulted, #SAAM is an everyday occurrence. While we all find ways to put the past behind us, and make the most of our lives, the defilement of rape is character changing. It lives within us forever.

For the team of CAN’s Consent Outreach Ambassadors, who devote Continue reading #SAAM Starts Today!

What can COVID-19 teach us about CONSENT?

‘Terrified’ Healthcare Workers Fear Lack of Protection Against COVID-19

Many of us will soon be thanking God for our ability to check into a hospital. We’ll be counting on the help of courageous, medical front-liners, who put themselves at risk to heal us from COVID-19.

As we approach the reception desk for intake, we won’t give a second thought to signing the CONSENT form that hospitals require. We’ll happily jot down our signature and scribble our initials where required. Some of us won’t even bother reading the form. Even less will contemplate the horrific travesty and social injustice Continue reading What can COVID-19 teach us about CONSENT?

Force-Duress-Deception: Conflicts in Sexual Assault Laws

Manish Gupta- Indicted for Sex Trafficking

Force, Duress, Deception……Seems logical, right?

Friday- 3/20- According to the Associated Press- Toledo plastic surgeon, Manish Gupta, who also practiced in Michigan, was indicted for sex trafficking 20 female victims by force, fraud or coercion, and one count of illegally distributing a controlled substance. His case made front page news with the News-Herald, the Detroit Free Press, and the Sentinel Tribune.  And 24News WNWO covered the story.

Gupta is accused of drugging and assaulting escorts he hired when he traveled to medical conferences.  His medical license was revoked by the State of Ohio’s Medical Board.  Continue reading Force-Duress-Deception: Conflicts in Sexual Assault Laws

Today- Harvey’s Words Revealed It ALL!

I

I was happy to be a part of history this morning, if only to “stand and wait” at the sentencing for Harvey Weinstein. Even the few “public seats” were given to the press. Only a handful of onlookers without press passes were allowed into the crowded courtroom.

The first person who the police cut off had been waiting since 6:10 AM for proceedings that were scheduled to start at 9:30. I’d arrived around 7:20 and was the 9th person on the waiting line. But as the group stood hopefully, even Continue reading Today- Harvey’s Words Revealed It ALL!

Campus CAN Chapters – Fighting for New Laws & Helping Victims – Dream or Reality?

Joyce Short and Wagner College Professor Patricia Moynagh

Can our first “CAN” College Chapter, Consent Awareness Network,  be in the offing at Wagner College?

Yesterday, through the efforts of Wagner College Professor Patricia Moynagh, I had the honor of speaking to a group of intelligent, enthusiastic, Wagner students and faculty. Aided by my Swiss cheese umbrella, I explained the failure of a justice system fraught with legal loopholes, and why society needs our legislators to #CodifyConsent.

Their questions ran the gamut from “How does drunkenness impact fault?” to “Does tacit consent count: can consent be inferred without it being vocalized?”

Wagner is an educational gem perched at the highest geographic level of NY City. Its lofty location delivers an uplifting view of New York Harbor, the magnificent skyline of Manhattan, and the Statue of Liberty.

statue of liberty face photoLady Liberty provides a noble reminder of the freedoms we all deserve here in the US, including freedom from harm and justice for all. What a magnificent backdrop from which to launch a transformational change to protect every student’s sexual sanctity and provide justice for survivors!

Here’s how you can make a difference…..

If you are a student, faculty member, part of administration, or have another educational affiliation at any school, contact me to start a CAN chapter. Your mission could include fighting for appropriate sexual assault laws, appropriate regulations for your school’s Code of Conduct, and building a base of advocates to assist sexual assault victims so they do not have to navigate the system on their own.

The Tale of the RAM and the WORM

#TheRamAndTheWorm #Worm

A ram sat on a rock looking forlorn. His eyes searched the parched earth that had yielded very little vegetation as he murmured, “Woe is me!”

“What’s wrong?” asked the little worm  who lived in a nearby tunnel.

“It’s going to be mating season soon and there are no ewes here. What’s a ram to do?” he asked.

The little worm looked up at the sky and saw a rain cloud rolling over the nearby hills. “I know,” she said. “You’re in luck!” Then she disappeared into the parched earth. Continue reading The Tale of the RAM and the WORM

Convicted Rapist – Harvey Weinstein!

 

Convicted Rapist Harvey Weinstein

At last! Rapist Harvey Weinstein has been handcuffed and remanded into custody. He will no longer hobble down the steps of 100 Centre Street, pandering for sympathy, as he departs the courtroom. He’s in custody awaiting sentencing on March 11th.

Although his attorneys are likely to attempt to secure his release pending appeal, they are unlikely to prevail.

Will Weinstein’s conviction change anything?

Weinstein Attorney Arthur Aidala

His New York based attorney, Arthur Aidala, made several important statements to New York One reporter, Dean Meminger, just steps from the courthouse after the verdict. “If his name was Harvey Jones, he would not have been charged.”

Unfortunately, Aidala is absolutely correct… but not for the reasons he suspects…..

This case received tremendous attention by the press because of Weinstein’s notoriety and because his victims were celebrities. Far from his treatment being unfair because he was singled out, it shows the failure of the system to deal with sexual assault when the victims lack private attorneys like Gloria Allred to represent their interests and are “unknowns” with no press reach or clout.

Aidala also commented that Weinstein reacted, “I didn’t force anyone. I didn’t have to force anyone,” as if “force”is the only weapon in a rapist’s arsenal.  Aidala needs a lesson on “consent” and needs to grasp that “consent” is FREELY GIVEN, KNOWLEDGEABLE AND INFORMED AGREEMENT. #FGKIA!

Force, coercion and deception cannot be used to influence agreement in sexual conduct. Weinstein was not only convicted of forcible rape, but also of third degree rape which, in New York, does not depend on “force.” The “absence of consent” results when a sexual predator uses the threat of harm, including destruction of someone’s career, to influence their agreement.

Although Weinstein’s defense team argued that the victims continued their relationships with him after the events in question, they failed to recognize that Weinstein’s control over their careers motivated their continued involvement with him.

Gloria Allred spoke out

Attorney Gloria AllredAllred addressed reporters subsequent to the verdict. Her client list of “silence breakers,” women who came forward with complaints against Weinstein, includes Mimi Hailey, the victim of  Criminal Sexual Assault in this case.

Allred applauded the women who “sacrificed their privacy in the interest of justice,” and called them “role models in courage.”

Allred could make a tremendous contribution to society by recognizing that most victims could only dream of enlisting her aid. There will be no grand movements like #MeToo to focus on their individual struggles. Her greatest accomplishment could be helping to define the meaning of consent in our laws because the masses need to rely on the justice system to do the right thing. Without the meaning of consent defined by law, their dream of justice is a horrific and demoralizing nightmare.

Lessons learned

The news coverage on the Weinstein  case fails to acknowledge the importance of defining consent in our laws. Society desperately needs this information! Doing so is the critical key to conquering sexual assault. If the Weinstein case has shown us anything, it is how poorly CONSENT is understood by society and our laws. We need this to change!!

Read Your Consent – The Key to Conquering Sexual Assault! 

Watch “Your Consent for Kids” with your children

Watch “When YES Means NO – The Truth about Consent” a TEDx Talk on YouTube

Call your legislators! Demand that they #CodifyConsent in our laws!

Use your voice and your votes to make the world a safer place!

 

Weinstein Judge Comments on Consent- Ouch!


Judge James Burke charged Harvey Weinstein’s jury today.

Shortly after deliberations began, the jurors sent a number of questions to the judge. Their list included, “What’s the legal definition for consent?”

The Cosby jurors asked the same question of Judge Steven O’Neill. He responded, “You’re reasonable people; use your common sense.”

So what did Burke say?

…………………….   “Use your common sense,”

Because neither NY nor PA define consent in their laws, the judges’  responses were typical. And Weinstein’s lead attorney, Donna Rotunno, didn’t need to be a rocket scientist to figure out that this question was coming.

She attempted a preemptive strike in her summation. She told the jury to “use their common sense,” to persuade them that doing so would be cause for acquittal when and if Judge Burke responded the same way.

The Consent Awareness Network (CAN) is fighting to define consent in our laws so that a clear definition guides jurors, guides society’s behavior, and holds sexual predators accountable. Leaving “consent” up to the “common sense” of sexual predators will never conquer sexual assault!

We got lucky in the Cosby case!

The foreperson for the jury, Cheryl Carmel, was a cyber security expert. She was very familiar with the definition for consent in General Data Protection Regulation (GDPR), which is international law and defines consent.

The GDPR definition is the same as the definition I introduced in my TEDx Talk: “Freely Given, Knowledgeable and Informed Agreement, #FGKIA.” Coincidentally, GDPR went into effect in May of 2018. My TEDx Talk was presented in May of 2018.

We need to pray that Weinstein’s jury has researched the meaning of consent.

They could find the consent provision in Model Penal Code,  or the definitions in Nuremberg Code, GDPR, and my TEDx Talk. Without the actual definition for consent, a jury’s ability to convict is seriously hampered.

Forcing or coercing a victim is not consent because consent must be freely given, knowledgeable and informed. The use of force, threat, (such as negatively impacting a person’s career or livelihood), and trickery, are absolutely not consent.

Without clearly stating the definition for consent in our laws, locking up sexual predators is a crap-shoot. Some juries will be aware. Some will not. Let’s hope this jury is aware.

But don’t despair if they’re not aware……

I’m crossing every finger and toe…. and sending countless prayers up to the heavens….. that Weinstein gets convicted. But without a clear definition for consent and defense council insisting that he had consent…. he may not. And we need to be prepared.

In NY, coercion is a crime in and of itself. If this case ends with a hung jury, the prosecutor’s next attempt should additionally indict Weinstein for coercion. Coercion for sexual contact is a Class E Felony.  and it is specific that coercion includes making someone fearful about their career or income. The sentence for Class E Felonies is 2 to 5 years. If there are multiple victims, the sentences do not have to run concurrently. The statute of limitations is 5 years. However, if he is acquitted, double jeopardy would apply unless new complainants step forward with cases that occurred within the past five years.

The unthinkable is likely

Unfortunately, even though I’m totally convinced that Weinstein did everything he was accused of, I don’t think the case presented by the ADA, without a clear definition for consent, is strong enough to convict him. For that reason, I’m hoping that at least there will be a hung jury, which would give the ADA an opportunity to enlighten the next jury about coercion and acquiescence and bring coercion charges against him.

Important considerations for the jury

Some of the current Weinstein jurors could understand consent while others may not. Some could grasp that a victim who suffered the grotesque humiliation of defilement would not want to add the added loss of their career to their suffering by going public or reporting the incident to the police. After the fact, coming forward against a man who their industry revered, and risk being blackballed, would be an imposing obstacle.

Weinstein picked most of his victims because of their career interests. He knew how much they could lose by accusing him of his hideous deeds. They might never have worked in their craft again. They would not only have suffered the harm of defilement, but the exponential loss of their dreams.

Society and sexual assault victims deserve better!

A not guilty verdict would not be a testament to his innocence. Rather, it would be a testament to society’s confusion about consent. If he’s convicted, it’s because at least this jury got it right. But what about the next one?


 

Consent Accountability Ryhme

I was honored to be a speaker at this year’s Women’s March NYC, and was overwhelmed by the audience support for the Consent Accountability Rhyme.

Anyone, at any age, can learn and understand what “consent” means. This poem makes the definition for consent crystal clear. It is part of the Your Consent for Kids YouTube cartoon that every parent should watch with their children to grow a Consent Aware generation! As well, sex education classes can include it in their programs. It’s free!

We’ve had Generation X, Y and Z. Let’s create Generation “Consent Aware” for our developing kids!

Consent Accountability Rhyme

 

The words, “You Can,” mean “I consent.”

You say so with your voice.

But it’s not consent when you’re forced, or tricked,

Or scared into your choice!

CONSENT means “Freely Given,”

When you know the facts and agree.

So don’t force or trick, or try to scare,

When you want consent from me!

Watch the Your Consent for Kids cartoon and share it with everyone you know!