Objections to penal code on sexual assault by fraud range from uninformed to downright bizarre:
- People should just be more careful,
- Boys will be boys,
- It’s harmless,
- It happens so frequently- half of society would end up in jail,
……… and on and on!
Here are some frequently raised objections, and why they simply don’t fly:
“Victims should be more careful.”
People with this objection fail to realize that sexual predators will specifically set out to lie and thwart detection. They go to great lengths to proffer and perpetuate sexual hoaxes. They deliberately harm one unsuspecting victim after another.
Rape by fraud happens to naive people, but it also happens to very astute victims who are not easily fooled. To some offenders, undermining the emotional armor that protects the most intelligent and savvy target is especially rewarding.
A victim’s “carefulness” can be undermined by an unscrupulous offender, and naivete is not a crime. Rape is.
“They didn’t know, so no crime was committed.”
All fraud takes place as the result of the victim being overcome by the offender’s vitiation of consent. But when the victim learns they were “had,” their feelings of defilement can be overwhelming. The same would be true of date rape in which the victim was drugged and not conscious when the rape actually took place.
No rape is less of a rape because the victim did not know that it was happening to them at the time.
“Rape by fraud is really not rape.”
The generic word, “rape” is globally accepted as “non-consented sexual penetration.” While different states call it by different names, sexual assault, sexual battery, sexual misconduct, etc, “rape” refers to sexually penetrating a victim who would not knowingly consent but for the vitiation of their consent by the offender. Because society balks at the use of the term “rape” when no violence occurs, however, it’s best to use a less glaring term for non-violent acts of rape.
A recent University of North Dakota survey indicates that approximately 1 out of 3 college men would rape if they thought there would be no consequences. This figure was arrived at when the act was described but not referred to as “rape.” When the word “rape” was introduced, however, the ratio dropped to 13%.
Rape is the crime of stealing sex from someone who would not otherwise give it to you.
“Saying “yes” means consent.”
Using fraud to secure a “yes” is sexual exploitation. In all human interaction, when someone defrauds you of your assets or dupes you into conduct of any sort, they are using the tool of “fraud” to take something from you. Your consent is considered totally ineffective under the law.
Model Penal Code- “Consent is ineffective when induced by force, duress or deception.”
“Rape by fraud laws would punish people for wearing padded bras, lifts in their shoes, or dying their hair.”
Balderdash! A person’s appearance is either pleasing to their sexual partner or not. An appearance enhancement neither masks the nature of the act itself nor the identity or intent of the offender.
Appearance enhancements can and should be disqualified as “fraud” in rape by fraud law.
“This law is just another way to make society more of a woman’s world and undermine maleness.”
I view that comment as one of the most sexist things I’ve ever heard. In the tug of war between misogyny and misandry, some feel that rape by fraud laws favor women. Women can be just as guilty of conducting rape by fraud as men, although more rapes occur to women than men.
Rape by fraud law would protect men against gold-diggers and curtail the transmission of life-altering illness that occurrs when a sexual predator lies to hide their health condition from someone of either sex.
The law is gender neutral and provides equal protection to both men and women.
“It goes on all the time. How could laws possibly be enforced?”
First off, it shouldn’t go on all the time, and that’s exactly why this law is so important. Once it becomes law, people will recognize sexual assault by fraud as abhorrent behavior.
The proofs needed to try a case are far more substantial than simply “he said, she said.” The police can’t arrest someone without proof of a claim, the Grand Jury can’t indict, and the victim would have to have made a reasonable effort to know the truth.
Willingly jumping into bed with someone upon first meeting them would not qualify as rape by fraud. Unless the victim can substantiate that the crime, indeed, was committed against them, in keeping with all criminal arrests, no prosecution would take place.
Any arrest would require substantial proof and the victim would have to have made a reasonable effort to know the truth
“People will fabricate they were raped after the fact because they simply want to damage the innocent person who’s dumped them.”
Fabrication can take place in any claim of wrong-doing. We don’t fail to enforce criminal law because people can misuse it. That’s what judges and juries are for; determining whether sufficient proof exists to pronounce the offender guilty. There are so many reasons why people don’t immediately come forward after a rape that it would take up an entire post. But when they do come forward, they need proof in order to press charges. A non-supported case of “he said, she said” would not be prosecuted, even though any act of swindling someone out of sex is a violation.
Significant proof is required when prosecuting any claim in every case. Sexual Assault by Fraud is no different.
“Violent rape is the only real rape.”
Our laws have long recognized that a violent assault against a victim’s sex organs is more heinous than other types of violent assault. If the offender used violence to break our arm, we would not call that rape. We recognize that there is something uniquely different about sexually violating a person. And there is nothing that can compare to the heinousness of violent rape.
But violence is one means to rape a victim. Our laws have also acknowledged that penetration of a person’s sex organs without their consent is “rape,” Date rape and statutory rape are good examples.They are forms of rape in which violence need not be present. The It’sOnUs Pledge states specifically, “Non-consensual sex is sexual assault.”
When the offender uses fraud to vitiate “knowing consent,” by any means, they are aware they are doing so, even though the victim is not. In all acts of rape, it is the actions of the actor that is the crime.
The tools by which an offender will sexually violate a victim include: violence, dope, intoxication, coercion, sex with someone under the age of consent or too mentally incapacitated to consent, and fraud, (dupllicity/deceit.)
Every means of vitiating a victim’s right to self determination to penetrate their sex organs is rape.
Why will people will continue to object?
With all of the reasons behind adoption of sexual assault by fraud law, some people will continue to oppose it. Any change in society’s “norms” takes getting used to. Often, those changes are initially met with disbelief and even ridicule. We’re seeing that in the outlandish comments people make. But there are other reasons many will continue to object. Here are a few……
1. They didn’t read or understand the law.
2. The media continues to stir up hysteria by incorrectly stating fictitious cases such as “the speed of my Lamborghini, blah, blah,” or “I’m Brad Pitt’s best friend.”
2. There are people who fail to appreciate and acknowledge that every human being’s body is sacrosanct. It’s a good idea to stay away from people who fail to do so. They’d have very little respect for your sexual autonomy,
3. Media’s portrayal of sex, and its constant bombardment of sexual imagery, creates the concept that sex is a prize, reward or entitlement. Sex has been depersonalized. It’s become a commodity. But sex is not a “thing”, and sexual sanctity is every person’s inherent right.
4. Adopting new legislation is up to legislators who count on making popular decisions to remain in office. And some legislators, judges, police officers and others, who pass or uphold the laws, can be just as guilty of rape by fraud as anyone else. An inability to grasp the criminality of rape by fraud tells us a great deal about that person.
6. The mindset that enables an offender to commit rape by fraud is a selfish, narcissistic perspective; one that puts individual desire above respect for another human being’s self determination. Doing so indicates their ability to devalue a victim for their own personal greed. People who object are supporting society’s continued acceptance of sexually deviant behavior. What does that say about that individual?
Let’s have a frank and open discussion
Anyone wishing to state an objection to sexual assault by fraud law can leave a comment here, and I’ll be happy to respond. Folks who’d like to lend their support are welcome to join in. Please address the issue in a respectful fashion. Hurling insults, foul language, personal attacks or other negative responses will result in removal of the comment.