Tag Archives: #RapebyFraud

Bill Cosby- What’s Next?

Watching the latest Cosby show, his appeal hearing in front of Pennsylvania’s highest court, you’d think that rape was a legal-ease, hair splitting triviality, rather than a defiling, premeditated, vicious cruelty.

On December first, the attorneys for the Commonwealth of Pennsylvania and for Bill Cosby’s defense, presented their positions to Pennsylvania’s seven Supreme Court Justices; Thomas G. Saylor, Debra Todd, Max Baer, Kevin M. Dougherty, Christine Donohue, David N. Wecht, and Sallie Updyke Mundy, to decide Cosby’s fate. He is appealing his Aggravated Indecent Assault conviction which was previously upheld by a lower appeals court

First Basis for Appeal-

Cosby’s defense attorney, Jennifer Bonjean, argued that Cosby had been granted immunity from prosecution in exchange for not exercising his right to plead “the fifth” in the civil case brought by Andrea Constand, a victim he lured to his home under the guise of “mentorship,” in order to drug and sexually assault her. In his civil case deposition, Cosby testified that he slipped Constand Benadryl, that he had several prescriptions for Quaaludes that he intended for sex targets, and was unaware if Constand had consented.

No evidence or document exists to support that such an immunity agreement actually existed. In fact, the only written document regarding immunity was an article published back then in the National Enquirer.

Contrary to Cosby’s assertion that District Attorney Bruce Castor gave him full immunity from prosecution, the actual 2005 article quotes Castor as having said that the commonwealth “retains the right to reopen the case if the need arises.” The Commonwealth’s attorney, Robert Fallin, reminded the seven Supreme Court justices that such language was customary in all immunity agreements.

During the civil action, Cosby was questioned, and did not plead the fifth, regarding additional bad acts he conducted in other jurisdictions, where Castor had absolutely no control. The fact that Cosby only spoke under the belief that he would not be prosecuted, when in fact he spoke candidly about events in locations without a promise of immunity, additionally belies the defense’s argument. Time will tell whether the present justices will acknowledge the weight of these facts. Their decision could take several weeks.

Second Basis for Appeal-

Bonjean claimed the prosecution’s introduction of five witnesses to establish Cosby’s consistent nonconsensual sexual conduct unfairly tainted his character in the eyes of the jury. The judges questioned whether their testimony elicited a conviction based on a character assault, rather than the commission of a crime…. thereby rendering the trial “unfair.”

The Judges React-

What followed was word salad from the justices, splitting hairs over how similar the additional cases were and whether they contained probative value rather than a smear campaign. Justice Christine Donohue said. “I just don’t see it.” and Justice Max Baer remarked, “I tend to agree that the evidence was extremely prejudicial.”

Assistant District Attorney Adrienne Jappe, for the prosecution, argued that because “consent” was in question, prior claims that assaults without consent had taken place were needed to prove Cosby’s pattern of sequestering young women and stripping them of their defenses by administering drugs.

Giving Cosby a pass because he committed multiple bad acts only serves to enlighten society that conducting serial crimes can cause dismissal, while an individual crime would not. The additional irony is how rarely offenders who commit individual sexual assaults are brought to justice.

Pennsylvania’s law says…..

Under 225 Pa. Code § 404, (b) (2) prior bad-act witnesses can be used to prove motive, opportunity, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

The justices questioned the validity of arguing the “absence of mistake,” and seemed to be siding with the defense by asking “Where do we draw the line? How many witnesses would be too much?”

Ms. Jappe aptly responded with case histories in which testimony by multiple “prior bad-act” witnesses was admitted. The justices seemed to overlook that the additional witnesses proved Cosby’s planning, preparation, and knowledge of the crime.

Neither the trial judge, Steven O’Neill, nor the prosecutor can change the fact that the accused is a repetitive monster. Should we dismiss findings because the person is simply too vile to prosecute? That prospect is simply gag-worthy!

How bad is bad?

The prosecutor had located nineteen witnesses who had agreed to testify. Judge O’Neill told them to pick five of the eight he’d selected. The Supreme Court justices should not be micro-managing Judge O’Neill’s decision on how to balance the probative value of testimony vs. the potential for unfair prejudice, particularly because Pennsylvania’s laws make no distinction regarding the amount of such witnesses that are allowable, therefore leaving that choice to the trial judge’s discretion.

Bonjean claimed that the added testimony took up 50% of the court’s time. Jappe countered that their testimony took two days out of a ten day trial.

Convicting Cosby would have been a slam dunk if CONSENT were defined by law in PA!

Since, in the civil case, Cosby had admitted, under oath, he did not know if Constand had consented, on that basis alone, his sexual conduct would have been charged as unlawful. Instead, his case is mired in legalistic wrangling that thwarts commonsense and justice.

The future?

Bill Cosby deserves incarceration. If these justices fail to dispense justice where it’s sorely needed, they send a blatant message to society that Pennsylvania’s laws will only prosecute predators who are caught red-handed as they bludgeon their victims within an inch of their lives.

The risk of inactive ingredients in everyday drugs - Harvard Health

Trying cases when victims are drugged, drunk, or otherwise unconscious are particularly difficult to prosecute because the victim is unable to explain what happened to them while their brains failed to process pertinent data. Providing additional testimony to establish a pattern of behavior is an important prosecution practice to take monsters like Cosby off the street. Failing to recognize the importance of additional witnesses in these cases would be a grotesque miscarriage of justice.

In summary….

The important facts each justice should recognize are the following:

  1. There is no limit to how many bad-act witnesses a judge may allow to help prove motive, opportunity, preparation, planning, and knowledge.
  2. It is inconceivable that a communication as important as a promise of immunity was not codified in writing, filed with the court, and cannot be produced by the defendant or the defendant’s lawyers.
  3. A claim that a District Attorney would relinquish the commonwealth’s right to pursue the case, if additional evidence warranted their doing so, flies in the face of the norm in Pennsylvania, and is contrary to the only documentation, the National Enquirer article, that was written at the time- based on the press release issued by Cantor.

What can you do to help?

Unfortunately, judicial rules of ethics prohibit justices from case discussions with the public. Any correspondence from you would be discarded. While we can’t reach out to the justices who hold Cosby, and therefore his victims’ fates in their hands, we can make every effort to insure that Pennsylvania’s, or any state’s, victim-blaming, inappropriate laws are never repeated.

CAN has worked with legislators in Pennsylvania to codify consent in its penal code. This specific, glaring omission in Pennsylvania’s laws gives rise to the public’s gross misconceptions of what actually constitutes a sexual assault, and thrusts the possibility of conviction into the quicksand of legal-ease and archaic thought.

Write to the Pennsylvania legislators to support our efforts to #CodifyConsent in Pennsylvania’s laws so that we will never see legal wrangling again over the conviction of a serial rapist, or denial of justice to sexual assault victims.

Send your note!

Please send a note of appreciation to:

  1. Senator Katie Muth at senatormuth@pasenate.com
  2. Representative Wendi Thomas at wthomas@pahousegop.com.

Be sure to thank them for their support in creating the sorely needed transformational change that accurately defining consent as “Freely Given, Knowledgeable and Informed Agreement, #FGKIA,” will create in Pennsylvania’s laws and echo across the US and around the world!

To learn more about Cosby’s appeal, watch the video of the appeals hearing.

Do You Have 30 Minutes to Cure Sexual Assault?

#CodifyConsent! Help cure #SexualAssault by spreading the word!

In honor of #SAAM…. It’s FREE! Thirty minutes is all it takes to read Your Consent – The Key to Conquering Sexual Assault. It is changing the laws on Sexual Assault and Rape! Can you take 30 minutes to be part of this transformational cure?

In order to lock up offenders, we need new laws that #CodifyConsent! Without the definition for consent in our laws, we’re unable to guide behavior and hold sexual predators accountable. Can you help us make this change? Continue reading Do You Have 30 Minutes to Cure Sexual Assault?

#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!

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

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

God and the Jury Take Over the Weinstein Case

Accused rapist Harvey Weinstein flanked by his attorneys

Just before 1 PM today, Prosecutor Joan Illuzzi had the last word on locking up accused rapist and sexual predator, Harvey Weinstein. Her three hour summation was an effort to focus the jury on the important facts. She painted a picture of Weinstein as a sexual predator, not a victim of the #MeToo movement, as Donna Rotunno, his lead attorney, had claimed.

Rotunno’s summation, which took place Thursday, accused the prosecutor of creating a fictional universe in which women were stripped of “common sense, autonomy and responsibility.” She totally ignored the impacts of coercion and force.

Ironically, as my “court buddy” Adjunct Law Professor Jim Petzke of John Jay College of Criminal Justice pointed out, her summation plagiarized Atticus Finch’s closing from “To Kill a Mockingbird,” while she reamed Illuzzi for creating “theater.”

As Rotunno marched down the corridor toward the courtroom this Image result for atticus finch photosmorning, the press strained to get her comments.

“How do you think it went?” one shouted.

It went great,” she responded.

“Yeah, great if you’re Atticus Finch,” I quipped.

She laughed.

Public rebuttal

Attorney Donna Rotunno

In the press conference that followed today’s hearing, Rotunno took another run at casting Weinstein’s sexual conduct as “consensual.” She based her entire argument on what happened after, not during, his sexual contact.

 

Previously, Illuzzi had produced compelling testimony from highly regarded forensic psychologist Dr. Barbara Zif. She pointed out common rape myths about how people behave when they’ve been raped. She included that it was common for victims to  continue relationships with the accused.  Let’s hope the jury was listening!

The jury will receive their marching orders from Judge James Burke on Tuesday morning after the long, holiday weekend. For sure, the jury will ask what consent means. His response could make or break this case.

Illuzzi mentioned Weinstein’s use of “trickery” in her closing.  She claimed the victims were tricked by “luring.” Luring is neither a fraud in the factum nor a fraud in the inducement. It’s not a “fraud in fact” that would make sexual contact a crime. Luring his victims got him, or them, through the door. Coercing vitiated their consent.

Coercion is a crime. And Weinstein continuously used coercion to induce sexual contact. Coercion is the threat of harm. In fact, threatening someone regarding their career is considered a crime in New York, even without sexual contact. It’s a class A misdemeanor.

Coercing someone for sex is a Class E Felony punishable by 2-5 years of incarceration. Yet the prosecutor did not identify coercion as the weapon that Weinstein used to demand sex. Nor did she prosecute for the crime of 2nd degree coercion.

The Worst Interview Ever!

Image result for radio photo

I’m not going to mention his name. Doing so would simply ignite further acrimony. I care not to memorialize his person, but rather, to point out an all too common defect in his “shock jock” character.

“What’s this business about ‘Carnal Abuse by Deceit,'” he asked me… “Doesn’t a woman have a responsibility to protect her vagina?” Continue reading The Worst Interview Ever!

How to Prevent Your #MeToo Truth from Drowning You

Burdened by helplessness, hopelessness and defilement, scores of #MeToo sufferers exposed offenders who destroyed their lives. Their efforts were aimed at restoring their self-worth and protecting others.  But they were hit with the ultimate wallop…… an offender who manipulates the justice system to drown them in a whirlpool of defamation and cyber-stalking charges, destroying the little bit of equilibrium they have left. Continue reading How to Prevent Your #MeToo Truth from Drowning You

Alaska Law Maker Tackles CONSENT #IWillCodifyConsent

Alaska State Representative Geran Tarr

It’s little wonder that Alaska State Representative Geran Tarr is focused on defining CONSENT for her state’s Penal Code. Alaska has the highest ratio of rape from coast to coast; close to 3 times the national average!

On October 10th, Rep. Tarr hosted an open conversation on CONSENT which included representatives from STAR, the Consent Continue reading Alaska Law Maker Tackles CONSENT #IWillCodifyConsent

ConsentAwareness.net Defines #Consent for #ATIXA!

Joyce Short, Founder & Nina Lucas, PA Outreach Ambassador for the Consent Awareness Network , at national ATIXA Conference

Joyce Short powerfully enlightened the ATIXA audience by demonstrating that penal code on sexual assault is a “Swiss cheese umbrella full of legal loopholes.” ATIXA is the Association for Title IX Administrators from schools around the US. Ms. Short addressed them at their national conference on October 1 in Philadelphia. Attendees included Title IX Administrators, attorneys, and creators of products and services geared toward protecting students. Continue reading ConsentAwareness.net Defines #Consent for #ATIXA!

ABA’s “Consent” Desperately Needs an Overhaul!

#MeToo #TimesUp We need to change the laws on #Consent!

The American Bar Association (ABA) recently attempted to provide recommended wording for “consent” in order to get the states and territories across the US on the same page. You’d think I’d be jumping for joy, but unfortunately, I’m not. And the reason is not because their attempt failed, but because their attempt so woefully missed the mark!

Here’s the definition that was indefinitely postponed (thank the Good Lord!) this past August: Continue reading ABA’s “Consent” Desperately Needs an Overhaul!

FREE Divorce! How some insidious people do it!

#FreeDivorce! Wouldn’t it be great if we could simply get divorced by signing the judge’s name to our divorce decree? What a tumultuous burden would be lifted off our shoulders!

No more haggling about custody issues or child support….. Who gets the dog, the car, the beach house? Say nothing about the outrageous legal bill! But instead, couples tear each other apart through weeks, Continue reading FREE Divorce! How some insidious people do it!

#Epstein Victims Voice Their Pain

Jeffrey Epstein hanged himself in jail while awaiting trial on federal sex-trafficking charges. 
Per today’s NY Times article…It was unusually thoughtful for the judge to give Epstein’s victims the opportunity to voice their truth, however, doing so is nothing like the opportunity to face the horrible man who defiled them. But at least, they were able to publicly voice their pain.

Continue reading #Epstein Victims Voice Their Pain

Eve Wiley Battles Sexual Assault by Fraud!

Eve Wiley of Dallas learned, through DNA testing, that her biological father was her mother’s fertility doctor.
Eve Wiley, catalyst for Texas Law on Reproductive Fraud- NY Times

The NY Times, finally covered Texan, Eve Wiley’s shocking story of reproductive deception in their 8/21 article: Their Mothers Chose Donor Sperm. The Doctors Used Their Own. 

Eve’s mother sought the help of fertility doctor Kim McMorries and was impregnated by his sperm instead of the sperm of the donor she’d selected. The truth only surfaced long after she’d established a bond with the man she thought was her father,

We Need More!

The hideous loophole of deception in reproductive rights by a fertility doctor; however, chips only one ice cube off the gigantic iceberg called rape by fraud. There are countless ways that someone’s reproductive organs can be negatively impacted by fraud or deception.  No one has the right to engage another person in a sexual act without their freely given, knowledgeable and informed agreement, #FGKIA!

The NY Times should be covering ConsentAwareness.net’s effort to protect all types of sexual assault by clearly defining CONSENT in the laws of every state.  #MeToo made society notice the problem. But they are overlooking the solution. Defining CONSENT in our laws is the critical key to conquering sexual assaults of all kinds!

Please link to the article and make it clear that the NY TIMES should be focusing on #FGKIA Consent = Freely Given, Knowledgeable and Informed Agreement as stated by ConsentAwareness.Net.

Will Virgin Islands’ Rape by Fraud Bill Become Law?

#RapeByFraud

What makes the difference between a rape by fraud bill that soars through legislation to become law, and one that fails? ……Creative, responsible, caring leadership like VI Senate Majority Leader Marvin Blyden and VI Senate President Novelle Francis Lewis.  

On June 29th, the Virgin Islands’ Senate voted unanimously to pass its first rape by fraud bill. According to the Virgin Islands Daily News, this bill results from the overturn of the conviction of Irvin Ocasio Flores, who, back in 2013, slipped into bed with a woman who was sleeping and mistook him for her husband. Continue reading Will Virgin Islands’ Rape by Fraud Bill Become Law?

Plugging-Up How Many Loopholes Equals Consent?

#SexualAssault Laws without CONSENT-The Swiss cheese umbrella!

As David Mack aptly described in his BuzzFeed article, Justin Schneider was not convicted of sexual assault in Alaska.  Ejaculating on a victim’s face while they’re out cold was not a crime…. not even when he admitted that he’d choked her to knock her out.

Alaska’s statutes called for physical touch of body parts, not semen, to hold Schneider accountable. Too late for his victim, the Alaska Continue reading Plugging-Up How Many Loopholes Equals Consent?

Texas Passes First Sexual Assault by Fraud Law!

Texas Fertility Doctor Kim McMorries

Little by little, the concept that deceiving someone about conduct involving their reproductive organs is a crime is seeping into society’s consciousness. This past Wednesday, Texas Gov. Greg Wiley took a giant step forward that brings this critical issue to light by signing Senate Bill #1259 into law. It becomes effective on September 1.

The new Texas law is based on the case of Eve Wiley whose birth resulted from the artificial insemination of her mother by Dr. Kim McMorries. Instead of impregnating her by the sperm of the donor Continue reading Texas Passes First Sexual Assault by Fraud Law!

“Without consent” laws do not define “consent”

In the US, states often attempt to define the word “consent” by what it’s not instead of what it is. And our system of justice ironically changes “consent” depending on what you’re consenting to.

Regardless what antiquated, inaccurate penal code tells you, whether consent is applied to cyber security, theft, medical treatment, research experiments, sexual assault, etc., consent is always the same….. #FGKIA, Freely Given, Knowledgeable and Informed Agreement.

It’s high time our legislators get it right! Continue reading “Without consent” laws do not define “consent”

Carnal Abuse by Deceit – How a Predator’s Lies Became Rape

#CAD or #CarnalAbuse #ElvisPressley #ZoeMincheff

He was the man of her dreams…. a tall, dark, outrageously handsome, charismatic, intelligent nightmare!

Back in the early 1970’s, there was no literature or common knowledge about covert psychopaths. No one warned that sexual predators would and could underhandedly con you without giving off the slightest glimmer of suspicion. The fact that they have no Continue reading Carnal Abuse by Deceit – How a Predator’s Lies Became Rape