Our laws are failing us!
Provisions and definitions make up all of our penal codes.
Definitions explain the terms that are used in our provisions.
Provisions tell us the conducts that constitute a crime that can be prosecuted, but provisions only make sense if their words are well-defined.
NO STATE OR TERRITORY DEFINES CONSENT IN OUR SEXUAL ASSAULT LAWS!
The end result of failure to define consent is a set of provisions that are out of sync with what CONSENT actually is! And sexual predators like Harvey Weinstein say:
“It’s just – I’m confused- and men are confused about all these issues!”
Take the #CodifyConsent Challenge!
We need our lawmakers to tackle sexual assault!
Continue reading Sexual Assault will not stop ’til we #CodifyConsent!
The following are recently recommended provisions on CONSENT-
Yet the only one that is actual penal code is the statute from Missouri that’s a
provision, without a definition.
Definitions state the meaning of a word.
Provisions state conduct which uses the word that’s been defined.
Definitions and provisions must work in synch in order for penal code to make sense.
Continue reading Consent Provisions and Definitions
The American Law Institute (ALI) created Model Penal Code (MPC) back in 1962. It’s goal was to standardize penal code throughout the US. Many states have adopted parts of its language including their definition for “consent.” You can see whether their definition was applied when you read your state’s statutes. Each state “picks” and “chooses” the portions of MPC they chose to adopt.
ALI’s Consent Provision states:
Consent is ineffective when induced by force, duress or deception. Continue reading Only an Ass Thinks “Assent” and “Consent” Are the Same