Tag Archives: #RapebyFraud

Gold-Diggers

Gold-Digger

Women can be just as CADdish as Men!

Today, I received a CAD Identity post from Canada, from a man who had been defrauded there. It brought home to me, that although we generally see the larger share of romantic frauds, for sex and financial gain, by men against women, there is an extraordinary amount of unscrupulous women who defraud men.

The term we generally ascribe to this phenomenon is Gold-Digger! Their stories abound! If you have one, please post it here! As always, you can, and should change the names of all the participants, including yourself.

The problem of rape by fraud and emotional rape is global. Don’t hesitate to alert us to the country or jurisdiction where this happened to you!

I’m starting with the story of how a Gold-Digger impacted my life...

Young and pretty, she came from the Bronx and was fortunate to find a great job with one of the most prolific music publishers in the world. She was awed by his wealth and connections to the abundant talent in the music business. He was 30 years her senior, a father figure to her.

Narcissists don’t need significant emotional connections. The closeness of loving bonds are not what draws them. Instead, they’re driven by financial gain, fame, stature. He had it all.

When he died, she inherited the businesses he’d built. She needed a boy-toy to accompany her to balls, banquets, fund raisers and events; eye-candy who looked good in a suit, knew what wines to pick, spoke several languages…. someone who could dance and charm her friends. She chose my husband.

We were still married at the time although he had disappeared. There was no internet that helped you locate people back then. He’d left my son and me behind, unsupported. Finding him would have eaten into the money I earned to feed, clothe and raise my child.

We lived in subsidized housing, and I juggled multiple jobs at the same time, in order to provide. There are only 24 hours in a day, and the amount of time I needed to devote to making a living diminished the time I could spend nurturing him. Our relationship still suffers the impacts of that loss today. Meanwhile, my estranged husband enjoyed the largess of one of the wealthiest women on the planet. He worked in her office and lived in her duplex apartment on Fifth Avenue, just a few short blocks from our home. We traveled in far different social circles. Our paths never crossed.

She enabled him to deprive his child and eroded my finances. When I was finally able to drag his CADdish rear end into court, my son was 17 and about to go to college. I needed to recoup whatever I could in order to send him. My attorney tried to secure tax returns and income statements. He stonewalled. His income was untraceable. He had lived off the grid in her generosity.  He claimed he had no job and was homeless, sleeping on his parent’s couch in Florida. I couldn’t afford a forensic accountant or private detective without putting my child’s education at risk. I had no idea what I would find, and no amount of wild imagining could have conjured up the truth!

The amount of money it would have taken to provide adequately for his family was a pittance to them. She simply didn’t give a damn. Gold-Diggers have no heart. When I learned what had actually transpired, I wrote to her. She never responded and they neither attempted to make amends nor repair the cavernous hole that his duplicity created in my finances.

There is so much more to this story, that lead me to create this blog and my efforts to enlighten society about the crime of rape by fraud. It’s said that God doesn’t give you anything you can’t handle. I was blessed with the spirit and strength to live through the pain, and the will to help enlighten and change society. I thank God for the friends who helped me through!

I’ve learned that there are different kinds of wealth in life. While they have money, I have a richness of fulfillment that they will never experience. Character disordered people are incapable of love. I am truly blessed!

Create A New Tradition of Joy!

Xmas Puppy

Many of us who suffered through emotional abuse feel our sorrow more intensely during the holiday season. As we see families come together in love and support, we’re reminded of the happiness we lost.

But did we really lose it? Or did we simply lose the image of what we’d hoped for, that was never to be? Often, holidays with emotional predators were as painful, and perhaps more so, than any other day. Continue reading Create A New Tradition of Joy!

Distinguishing Between Rape by Fraud vs Emotional Rape

There seems to be a very large misconception about what rape by fraud is, and what emotional rape is. And often they take place together. When this occurs, it’s hard for the victim to separate which is which.

Rape by Fraud image

Emotional Rape:

Tricking a person to steal their love

and involve them in a relationship.

Rape by Fraud:

Tricking a person to steal sex

How emotional rape works

Being pranked for a relationship is emotional rape. The term does not denote a “sexual act” Rather, it describes the sense of having your highest emotion, which is love, stolen from you.

In emotional rape, a person creates a hoax about their character, or what their intentions are, and perpetuates that hoax over time. The unknowing victim provides love and caring that is undeserved and will feel violated when they learn the truth. Cases of emotional rape can lead to engagement and marriage with a partner who is not what they pretend to be.

When the victim discovers the truth, they may not react as society expects. People with high levels of morality and the brain chemistry that induces attachments will continue to feel bound by the bond of love that was established. They’ll experience the toxic glue of a Trauma Bond, also known as a Betrayal Bond, that keeps them feeling the chemical ties created by the neurotransmitters in their brain, enabling our species to “couple.” Please use this link to determine if a Betrayal Bond is affecting you. And refer to Dr. Patrick Carnes’ book, Betrayal Bond, Breaking Free of Exploitive Relationships for further information.

Separating from an emotional predator can take considerable time and toxic interaction in the relationship. Often victims will defend their mate even though society will see their behavior as misguided. People without a deep-rooted sense of bonding will have an easier time breaking off the relationship. They’ll react more immediately to the realization of their situation. Victims who were previously abused, or whose moral code of conduct creates a sense of unconditional love, will be more forgiving.

How rape by fraud works

Rape by fraud is an actual, physical act of rape. Sexual assault or sexual contact takes place when a person is engaged in an act of sexually penetration without their freely given, knowledgeable and informed agreement…. consent. Defrauding a person of the physical act of sex vitiates their “consent” for sex, and is therefore punishable in some states. Tennessee and Alabama have the most direct laws in dealing with offenders who defraud victims for acts of sexual penetration.

Model penal code states that “consent is INEFFECTIVE if induced by force, duress or deception.” Therefore, a person who is sexually penetrated as a result of deception, is being physically raped.

This form of rape is similar in trauma to being drugged or intoxicated to vitiate consent. Violence did not occur to overwhelm the victim in any of these forms of sexual assault. Instead the victim was outwitted.

Other forms of criminal “outwitting.”

car theftIf an offender beat a man as he approached his car, took his keys and drove away, we’d readily recognize his actions as auto theft.

If the offender pretended to be the valet in front of a restaurant, took the man’s keys and drove off with his car, we would also recognize the act as auto theft; even though the man willingly handed over his keys and didn’t realize he was being robbed in the moment.

The first act was theft accomplished by violence. The second was theft accomplished by fraud. The offender would be charged differently for the violent act and sentenced more harshly, but both are criminal offenses.

Distinctions in charging the offender with a rape crime

All forms of rape should be punished in every state. If the person were violently overwhelmed, their act of rape would warrant a more “aggravated” level of charge. The sexual assaults that do not involve violence to overwhelm the victim are a lesser offense. But all acts of rape, or sexual assault, should be punished.

Is emotional rape a crime?

Emotional rape is morally reprehensible. It steals a lifetime from the victim. It embroils them in marriages that are not what the victim perceives. When it generates offspring, those relationships exist for a lifetime, and often in a fashion that shatters lives. But is it a criminally punishable offense? Unfortunately, it is not penalized  in any state in the US. It could; however, become a civil matter if there were sufficient awareness of this pattern of wrong doing.

You will get a much clearer grasp of the distinction between emotional rape and rape by fraud by reading Carnal Abuse by Deceit, which accurately conveys these issues in a real-world setting.

Every act of physically and sexually penetrating a person without their freely given, knowledgeable and informed agreement, #FGKIA, is and should be punishable throughout the US!

Fight, Flight, or “Freeze” Tonic Immobility

A victim’s reaction to trauma

sad woman-2

You awake to a very large, strong man covering your mouth with one hand, making it difficult to breathe, let alone scream. In the other hand, he’s clenching a knife millimeters from your face. Terror seizes your entire body and you react…. but how?

Fight or flight is the response society expects in violent attacks. Your hypothalamus and pituitary take over, instantly flooding you with hormones to protect your sustainability.

  • Adrenalin arouses you to your circumstance.
  • Cortisol provides you with uncommon energy.
  • Opiods act like morphine to temporarily blind you to your pain.
  • Oxytocin attempts to stabilize your emotions.

Totally apart from your conscious control, you freeze.

You are not alone. It is estimated that 12 to 50% of rape victims will respond by freezing, and it is thought that the number is closer to 50% than 12%. Also, victims who experienced prior sexual trauma are more likely to experience this temporary paralysis.

The impacts on seeking justice

Policing is currently practiced under the misconception that victims will either fight with all their might to fend off brutality, or do everything in their power to free themselves. Absent evidence of doing either or both, they assume that the victim’s crime report is a lie. Approximately 86% of rapes, even those supported by a rape kit, do not make their way from the Patrolman to the Prosecutor for this reason. Yet data reported by the National Center for the Prosecution of Violence Against Women indicates only 2-8% of rape accusations are false.

A natural phenomenon

frog

Freezing, Tonic Immobility, also known as thanatosis, is an automatic response to rape as well as other forms of trauma in humans. But we are not the only animal that experiences this phenomenon.Opossum The most widely
known is the
opossum,which is why “playing dead” is also referred to as “playing opossum.” Mammals are wired with the option to look and appear dead to their attacker for protection. In sharks, rolling onto their back and becoming paralyzed enables mating.

Other impacts on the victim’s post-rape “affect”

During rape, the cocktail of hormones surging through the human body block the ability of the brain’s hippocampus to organize and store thought. Many rape victims, who are interrogated shortly after their trauma, have yet to recover cognition. Police, who don’t understand their behavior, suspect that the victim is inventing the story as they speak, when they are actually attempting to puzzle together disparate pieces that were blocked from encoding by their brain’s hormonal overload.

Their ‘affect” or appearance, may not seem emotionally charged as one would expect after a heinous assault. They could remain under the influence of those same opiods that deterred their reaction and dulled their senses during the crime.

Undermining self esteem

Victims who freeze struggle with an innate sense of guilt. Their response defied their own personal expectation that if something bad happened to them, they would fight to the death or flee. We go through life taking comfort in the concept that we are able to protect our mortality, and we respond to rape as a struggle for life. Most of society sees fight or flight as being brave, because we don’t understand that freezing is the same act of self-preservation. People who experience the trauma of rape by fraud are also plagued with similar self-blame.

How tonic immobility factors in rape by fraud

I recall vomiting and collapsing on the cold bathroom floor, immobile, when I first learned the initial lie that was used to defraud me into a sexual relationship. Little did I know, there were far more lies behind it.

Defrauding someone of sex strips them of both fight and flight to defend their body. The victim could not react, because they did not know. Their behavior, throughout the time they were assaulted, which could span years, uproots their personal sense of being able to protect themselves. The recognition that a sexual assault by fraud took place can be a paralyzing trauma.

The victim’s failure to protect their personal sexual sanctity also obscures society’s recognition that a crime took place against them. And it undermines the victim’s self-esteem in much the same way having been immobilized does in violent cases. The victim suffers secondary victimization from society, family, friends, the authorities and themselves when dealing with rape by fraud. It’s little wonder that knowing you were deceived into sex is so terribly degrading for a victim, and why it is so difficult to heal.

Media should be paying far closer attention to Tonic Immobility, just as it should be identifying the heinous nature of rape by fraud and its impacts on victims.

Authors note:

Inspiration for this post came from information I received from a woman who comments under the name “Semi” on US Weekly. Unless otherwise linked, the source for the data and statistics is The Neurobiology of Sexual Assault, written and presented by Dr. Rebecca Campbell, Professor of Psychology at Michigan State University. I wholeheartedly encourage everyone to watch her scholarly presentation. 

 

PTSD- Post Traumatic Stress Disorder & Rape by Fraud

Why victims suffer this disabling anxiety condition

Army

PTSD is normally associated with warfare

My father fought in the Philippines during World War II. One hot, dark, buggy night, he woke up to find a Japanese soldier squatting over him, about to thrust a bayonet into his neck.  I knew better than to ever ask him the fate of that soldier. The fact that he came home to our family was all we needed to know.

Whenever my dad was aroused from sleep, he’d awaken with a start. I’m sure that was only a small example of how PTSD affected him. But it was visible to me, even as a small child.Today, society readily understands that combat soldiers can suffer from PTSD. It was a far less public discussion in my father’s time.

I never expected that I would encounter any type of danger that could create the disorder for me, but I was wrong.

The emotional causes of PTSD

Modern day health professionals have concluded that emotionally shattering experiences undermine our sense of invulnerability and cause PTSD. People naturally assume that life is both benevolent and meaningful. And we consider ourselves to be worthy beings. An encounter with rape by fraud can shred every vestige of our beliefs about both life and our place in it. It undermines our value system.

If this happened to you, depending on the length of time the hoax took place, you built expectations that were predictable. Learning that everything you valued was nothing more than a house of cards crushed your sense of safety and well-being. And the notion that you were used as an instrument of your own demise was especially crushing. It is why Socrates said that “sex by persuasion” as he called rape by fraud, is particularly compelling because it undermines the character of the victim. Recognition of the heinous nature of this behavior spans centuries. It’s nothing new.

While rape by fraud victims do not undergo the brutal torment of violence, the blow to their emotional makeup can be devastating. Their injuries are far more severe than the trifling stupidities that people hurl their way…. “Just get over it,” “So what,”  “Find a decent guy.” And even worse, “You just misunderstood.” In many ways, the lack of validation people hurl at victims serves to deepen their despair. They not only have to deal with the betrayal that affects them at their core, but also with the abandoning mindset of the very people they count on for support.

Some symptoms of PTSD include:

  • Memories that are triggered by daily events, making you tremendously sad.
  • Sleeplessness, the inability to turn off the record running through your brain
  • Loss of interest in your daily life.
  • Hermit behavior, unwillingness to go out and face possible reminders
  • Irritability and anger over small incidents.

Victims who experience rape by fraud should seek professional help to recover. Just as a soldier needs therapy to improve, no one should try to tackle PTSD on their own. If you can’t afford a private therapist, contact your local hospital and find out if they have a low cost mental health clinic that can help you. Reach out to RAINN, the Rape, Abuse and Incest National Network, for information and support.

Rumination- the broken record of our emotions

Broken Record

I remember all too clearly what it felt like to hear a vinyl record skip on my old stereo. I’d play it loud so I could listen to music throughout the house. If I were in another room, repetition over the distance increased my discomfort. I’d dash back and dive at the needle to stop the offending sound.

Prisoners at Guantanamo Bay are tortured with repeated loud music. It’s intended to derail their thought processes and break them emotionally.

So why do victims of relationship abuse do the emotional equivalent of compulsively replaying bad music in their brain? The simply answer is grief.

Regurgitating, negative, non-productive thought

Rumination will plague us during the “bargaining” stage of grief recovery. And everyone who loses a relationship needs to grieve that loss as surely as one needs to mourn the death of a loved one.

In bargaining, we tend to ask ourselves what we could or should have done to produce a different outcome. In reality, when we’ve been embroiled in a relationship hoax, nothing, other than not getting involved in the first place could have kept the bond from collapsing. Engaging with a liar builds a house of cards. Discovering that nothing you valued was real, is a devastating loss.

Typically, women ruminate over sadness, while men are more inclined to do so when angry. But both can get stuck in a wallowing cycle that puts off supporters and isolates us in our pain. Family members and friends often don’t relate to the impact of our emotional loss, as they would if someone close to us died. But the grief and mourning we experience is very similar.

depression-small

Why relieve yourself of rumination?

It robs you of problem solving and creates a vicious cycle of depression. While you perseverate to make sense of things, you dwell on the unsolvable issues….. how you got there, what you could have done differently. Instead, you need to focus on how you will reclaim your life.

We are more likely to ruminate over unfinished business….. the circumstances that occur in our lives without closure. We want validation. We need to accept that it will not come in a relationship with a predator, and move on.  Our memory rehearsals keep us connected to the source of our pain, when we truly need to let go.

How to get past rumination

In The Truth About Grief, Ruth Davis Konigsburg tells us, “Loss is forever, but acute grief is not.” If someone close to you died, you’d be encouraged to get exercise. Your friends would try to distract you by engaging you in activities you enjoy. You need to be your best friend and provide yourself with that same encouragement.

Here are some recommendations that can help you get past rumination:

  1. Don’t be bullied to change the way you feel. Allow yourself to feel your loss, the anger the disappointment. Everyone grieves at different speeds. There is no right or wrong way.
  2. Get exercise. You need to pump up your endorphins so you have a deeper emotional well to draw from.
  3. Distract yourself with activities that get you away from your constant memories. Begin to make new, positive memories for yourself.
  4. Box it up. Write your story so you can put it on the shelf. Doing so will enable you to let go of the need to hang onto it in your mind.
  5. Volunteer for an effort that makes you feel good about yourself. There is nothing more gratifying than to help someone in need. Doing so will give you a strong sense of self-reliance and can aid you in seeing that no one goes through life without a struggle, including you. It will enable you to create better perspective about your painful condition.
  6. Join a grief support group or engage in counseling. Mourning a loss is difficult. Seeking help can get you past the thoughts that keep you stuck.

The loss of a loved one throws us for a loop, whether the person deserved our caring or not. People who experience sexual misconduct and relationship abuse, resulting from being embroiled in a hoax, are no less in need of grieving than anyone else. Rumination can be a debilitating part of that process but you can heal and bring joy back into your life.

Absurd Hoopla Over #3908- NJ’s Sexual Assault by Fraud Law

 

Assembly Member Troy Singleton, Introducer of #3908, Sexual Assault by Fraud, in NJ Assembly
Assembly Member Troy Singleton who Introduced #3908, Sexual Assault by Fraud, in NJ Assembly

The fervor over this law is just plain ridiculous!

I have responded to many posts I’ve seen and wanted to share a recent one with you that appears in reaction to Joan Quigley’s article this morning in NJ.com.

Joan Quigley got it right! 

I am the author of “Carnal Abuse by Deceit.” Before you tune me out for shameless promotion, please understand that my book is about rape by fraud. It is the story of what happened to me, and makes it understandable why this is a crime. I came to the aid of the victim in NJ on her issues against Will Jordan.

But do I support a law that makes every person who tells a fib or wears perfume a rapist? Absolutely not! And my take on equating “rape by fraud” with “rape by violence” is that it grossly over reaches!

Here is what I suggested and why….

  1. The It’sOnUS pledge clearly states “Non-Consensual Sex is Sexual Assault.” It is endorsed by President Obama.
  2. Model Penal Code clearly states, in its Global Consent provision….. “Consent is INEFFECTIVE if induced by force, duress or DECEPTION.”
  3. In every type of punishable crime of fraud, the victim gave consent, but it was ineffective consent. The perpetrator knew the consent was ineffective, even though the victim did not at the time of the action.

A law on Sexual Assault by Fraud should be created to connect the dots between these three very important and legally understood premises. No one should be violated by deception in order to get into their pants! And this includes women as well as men!

When a person lies to you in order to VITIATE your KNOWING CONSENT, they are violating you, not seducing you.

So what do we call this crime? 

Yes, genetically, rape by fraud is a sexual violation which is “rape.” But let’s not throw the baby out with the bath water over semantics. It does not rise to the horrific nature of the crime of violence, to overwhelm and penetrate someone’s genitalia, that most people think of as “rape.” That’s why laws have distinctions such as “aggravated” and “degrees” of severity. I offered language to the Assemblyman to include in the legislation that would make that concept absolutely clear. Leaving it out was a huge mistake.

There are many ways a person’s knowing consent can be violated: They can be physically overwhelmed through violence, by intoxication, by dope, by deceit, by coercion, by being underage or too mentally challenged to provide such consent. Every way to deprive a person of self determination over their intimate core is a physical invasion of their body, a sexual assault.

Non-violent sexual assault should not be punished to the extent that violent sexual assault should be, but it surely should be punished!

It was and is my recommendation that non-consensual sexual assault, of this nature, be considered “sexual misconduct” rather than “sexual assault.” It should apply in cases where the offender has either conducted fraud in the factum or fraud in the inducement… legal terms you will find in my book. Again, please pardon the shameless self-promotion but I wrote it for a reason…. to help people understand this crime and why it’s a crime.

On enhancements and fibs

Rape by fraud as “sexual misconduct”, in the mainstream of its use, would not punish people for appearance enhancements. People have eyes. They see the other person’s appearance. It is either pleasing to them or not. The Spanx come off before penetration! As will the padded bra or pants that are stuffed with a tennis ball. So let’s not be ridiculous about it.

It is obvious to the observer when someone wears perfume. My favorite is Boucharon. No one in their right mind would ever think that’s what I smelled like without applying it.

This crime revolves around “false personation.” 

There are lies of intent as well as lies of identity used in “sexual misconduct” scenarios. When a person pretends to be someone other than who they actually are, the term “false personation” applies. (See FL criminal code on fraud.)

A lie of intent, “I’ll marry you in the morning,” could not be punished. The perpetrator could simply say, “I changed my mind.”

The burden of proof on any prosecution is the District Attorney’s. They cannot indict without the Grand Jury and the jury being on board. So while little white lies are CADdish behavior, (Carnal Abuse by Deceit,)  they are not the stuff of prosecution.

Cases of “false personation,” identity characteristics that transform a person from their actual identity into someone else, is the level of crime that is prosecutorial. The victim has sex with a stranger, not the person they intended. It is defiling. It happened to me for 3.5 years. It literally changed my life.

Determination of penalty

Also, keep in mind, mental health professionals will tell you that the longer the hoax persists, the more damage the victim sustains. Instead of being defiled once, they were defiled multiple times. It is devastating to know that someone you trusted treated you this way, and that they manipulated your cooperation in what they did to you. The length of the offense can be another issue in ascribing the penalty for this crime.

The press rushed to judgement that the penalty would be equivalent to violent rape, They were incorrect. Assemblyman Singleton was leaving the discussion of penalty to the law makers and process whose job is to figure it out.

Prosecution for defrauding to spread communicable disease

Here is a tremendous benefit this law will provide…. Predators who knowingly hide communicable illness can be prosecuted under this law. There will be no more free ride when they knowingly pass along HIV or any other life-altering disease.

This law is to protect against an insidious crime. It is not to incarcerate jerks. But jerks should be fully aware that when they behave like jerks, they are violating, not seducing you. Is it offensive? Absolutely! Is it punishable? Very unlikely! There is simply not sufficient proof to build a case under this or any law.

Georgia- Land of Possibility!

Georgia

As a UGA Alum, I was particularly interested in checking on rape by fraud laws in the Peach State. And, although there’s no specific mention in their criminal code, Georgia has an interesting statute that should apply.

Back in 1962, Model Penal Code was drafted to standardize penal laws throughout the US. Its Global Consent provision states that:

Consent is ineffective if induced by force, duress, or deception.

Basically, this means that consent, obtained by deception, is not consent at all.

Georgia’s rape law clearly identifies the crime committed through the use of force or duress. And 16-6022.1, Sexual Battery, should apply in cases of deceit when the concept of “consent” is based on Model Penal Code’s Global Consent provision.

Georgia continues to outlaw fornication and adultery as criminal acts. So be careful, all you Hairy Dawgs!.  You can land in jail for having sex out of wedlock with either a single or married person.

“50 Brave Women” Campaign for change!

woman w flag

It’s not OK to exploit people for sex!

You can make a meaningful difference in the laws in your state! We need one person to step forward who’s been harmed by a romance scam in every jurisdiction.

Are you up for the challenge?

If so, please complete the simple form below, (which will not be published or seen on the blog,) with the following information:

  1. Write a short description of what happened to you, (please keep it under 5 paragraphs.)
  2. Send your contact information: name, phone, email, city and state (None of this information is made public.)
  3. Let me know if you’re acquainted with any of the legislators in your area, and if so, who.

 

William Allen Jordan Gets Jail Time!

William Allen Jordan is also Will Jordan and William Jordan, #WillJordan, #WilliamAllenJordan, #WilliamJordan
William Allen Jordan
Mischele and I on the steps of the courthouse in Burlington County NJ

This post initially appeared on November 14, 2014:

William Allen Jordan, who defrauded NJ resident Mischele Lewis of sex and money, took a plea deal, for 3 years behind bars, today! In addition, he’ll be required to pay $4,383 in restitution, and a $15,000 fine. He can have no contact with Lewis for the rest of his life. His sentence begins on February 6, 2015.

There’s a great deal more to the back story!

I was contacted to help Mischele because I’d authored a book about the romance scam that happened to me. Carnal Abuse by Deceit  was published 4 months prior to my learning about Mischele. I wrote it to raise awareness and help victims like her recover from Rape by Fraud or Deception. I was encouraged that, indeed, it was hitting its mark and I spent countless hours speaking with Mischele by phone, through emails, and in person in order to help her. Continue reading William Allen Jordan Gets Jail Time!

Hooray for Alabama!

OMG! When you cross the state line into Alabama, the sign should read, “Now Entering Alabama, The State of Enlightenment!”

Alabama
scores.espn.go.com

Alabama’s not just noteworthy for the successes of The Crimson Tide. The Code of Alabama punishes the unspecified use of fraud in sexual intercourse as “Sexual Misconduct,” a Class A Misdemeanor, punishable by a fine of $1,000 and/or up to two years in jail. The statute applies to both male and female offenders.

Here is the law:

Section 13A-6-65

Sexual misconduct.

(a) A person commits the crime of sexual misconduct if:

(1) Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or

(2) Being a female, she engages in sexual intercourse with a male without his consent; or

(3) He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision.

(b) Sexual misconduct is a Class A misdemeanor.

(Acts 1977, No. 607, p. 812, §2318.)

Don’t defraud someone of sex in Alabama! What more can I say other than thank you, Alabama!

 

 

 

 

 

The Kingdom of Hawaii and the US are still in conflict

And that conflict extends to rape by fraud law!

Marcelo Dapino, My Shot
Marcelo Dapino, My Shot

 

A little history….

Way back in 1889, the US, after several failed attempts, succeeded in unilaterally annexing the Hawaiian Islands. The coupe was motivated by a desire to obtain close, direct access to Guam and the Philippines during the Spanish American War.

But conflict over the independence of the Islands is ongoing. As recently as 2001, a complaint was filed with the United Nations Security Council demanding that Hawaii’s continuity as an independent state remain intact under international law. And judging by the disparity in laws over rape by fraud, I’d come down heavily on the side of an independent Hawaiian Kingdom!

The Hawaiian Kingdom Penal Code is pretty specific about protecting unmarried women against the crime of rape by fraud in Chapter XI-6:

Whoever, by conspiracy or by willful falsehood or deceit, seduces, causes or procures any unmarried female to commit fornication, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor not more than two years.

The only statute that comes close to penalizing rape by fraud in the Criminal Code of the State of Hawaii is 707-733, (c) Sexual Assault in the fourth degree:

The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor.

The term “surreptitious” is defined in normal parlance as “stealthy, sly, and sneaky.” One would need to argue that these definitions accurately describe the actions of the offender. Although the penetration of the offender is not specifically punished, his (or her) intent to eye-ball (peep) the victim for sexual gratification is. Unless they claim their eyes were closed during the act of penetration, this statute would seem to apply. Still, enforcement would be limited to an intrusion into a victim’s home since it requires a “trespass.”

Hawaii’s statutes currently punish sexual acts of coercion and abuse of authority.

Special Dedication

Kimberly Raya’s son plays for a high school marching band that’s been given the honor of performing in the upcoming Pearl Harbor Day Memorial Parade in Hawaii. This post is dedicated to her efforts to raise funds so she can share this unique experience with him. KIm helps countless abuse victims recover their dignity on her blog, LetMeReach, and I hope you will lend support to her for this special event by clicking the “Special Dedication” link above.

When Gays Marry Straight Mates

Gay Marriage

Does lying about sexual preference constitute rape by fraud?

I was asked this question by a blog participant, and I believe its importance warrants a post of its own. Her question was framed in light of recent developments in penal code in New Jersey, but the answer is universal. So, here’s my response…..

Pertaining to New Jersey

First off, law in NJ has not been finalized, so it’s premature to give you a definitive answer for that specific state. Even once the statute is submitted to the Assembly, a significant amount of debate, and the submission of amendments, may alter its language.

But I’d like to answer your question from a broader perspective, that of whether pretending to be straight actually qualifies. generically, as sexual assault by fraud.

Character distortion and how it applies

There are basically two types of lies that offenders will use in fraud in the “inducement,” which is the sort of fraud where the actor pretends to be something or someone they are not. There are lies of “intent” and lies of “identity.” In the case you’re referring to, denying that someone is gay would seem to be a major character lie and, therefore, meet the definition of a lie of false identity.

Obstacles for this particular circumstance

But here’s where the line gets blurred….. All victims of lies of identity will feel defiled. And the longer the lie is perpetuated, the greater the harm they suffer. The victim is embroiled in a hoax. Unfortunately, however, when you speak of lies about a person’s sexual proclivity, there is a great deal of uncertainty as to whether the person deliberately lied to mislead you, or were they struggling through their own personal identification issues? In other words, were they lying to you, or lying to themselves? It’s only a deliberate lie if the answer is, unequivocally, they were fully aware and lying intentionally.

Another obstacle to hurdle is whether concealment is a form of lying. In some states it is. In others, it’s not.

I’m told that people who are gay know it from an early age. I’m no expert, however, and conceivably, this could differ from person to person. But certainly, if the actor knew he was gay, and intentionally pretended to be straight because attachment to you gave him “cover,” indeed, in my opinion, he would have been conducting sexual assault by fraud.

A person’s actual motivations are extremely difficult to prove in a courtroom. One would think that having had past homosexual liaisons would be a sure tip off. But we have so little concrete awareness of when and how people deem themselves to be homosexual, that I could see this type of case posing significant challenges in a courtroom.

But that should not deter the victim from coming to grips with the fact that they suffered rape by fraud. We don’t need a judge’s decision to know how we feel, but only to prosecute offenders. We would hope that offenders would be deterred by society’s penal codes, and that’s why we establish them. Also, we attempt to seek justice for the victims of crimes by enforcing those laws.

When did his actions cross the line?

If your husband had doubts when he married you, somewhere along the line, his doubts turned into conviction. And at that time, it was his responsibility to let you know. Every time he engaged in sexual contact with you under false pretenses, he was simply selfishly holding onto the perks in his life, that he valued, by denying you your inherent right to self determination over your personal sexual sanctity. And, by the way, this same principle would hold true in a relationship where the woman was gay and the man was straight.

Applying the concept of Emotional Rape

It is also my belief that you were emotionally raped. Emotional rape results when an offender steals your highest emotion, which is love, through deception. Even if he never laid a hand on you once he conceived of himself as gay, he selfishly fed the bond that kept you together by fabricating and perpetuating a hoax. In fact, part of his subterfuge was likely to have included undermining your feelings of attractiveness and desirability to cover up for his lack of sexual interest in you. Since emotional rape is not a physical act, it is unlikely you will ever see penal code to punish offenders. That should not deter victims, however, from feeling validation regarding their sense of defilement.

New York State- Something for Everyone!

Lady Liberty Graces NY Harbor
Lady Liberty Graces NY Harbor

New York’s got something for every taste and interest.

No matter what your sports or cultural bent… it’s here. There’s the NY Football Giants, the Rangers, the Knicks, the Yankees, the Mets, the Nets…. Heck, we have the biggest tennis venue in the world, the US Open!

You can travel around the globe through NY’s wide assortment of international restaurants. Take your pick from the Afghan Kebab in Queens to Zoma, serving up the delights of Zimbabwe in Harlem.

Want an education?  Your choices could include Columbia, NYU, CUNY, Marymount Manhattan, The New School, St. John’s University, and on, and on. The choices seem endless!

So it should come as no surprise that New York has a wide assortment of sex offenses in its penal code. Our diverse list includes sexual misconduct, rape, criminal sexual act, forcible touching, criminal sexual abuse, persistent sexual abuse, and more. But where’s rape by fraud? Hmmm….

The answer could be buried deep within the concept of 130.20, Sexual misconduct.

A person is guilty of sexual misconduct when:

  1. He or she engages in sexual intercourse with another person without such person`s consent; or
  1. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent;

Sexual misconduct is a class A misdemeanor.

Rape in the third degree contains more language by which a case of rape by fraud should prevail. However, further legal interpretation by the state seems to have restrained this application to cases they have deemed to be date rape. In fact, most cases of rape by fraud are, indeed, cases of date rape. Instead of intoxicating or doping the victim, the offender vitiates their victim’s consent through duplicity.

130.25 Rape in the third degree. A person is guilty of rape in the third degree when: . . . . . 3. He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

 § 130.25 Rape in the third degree.
    A person is guilty of rape in the third degree when:
    1.  He or she engages in sexual intercourse with another person who is
  incapable of consent by reason of some factor other than being less than
  seventeen years old;
    2. Being twenty-one years old or more, he or  she  engages  in  sexual
  intercourse with another person less than seventeen years old; or
    3. He or she engages in sexual intercourse with another person without
  such  person's  consent  where such lack of consent is by reason of some
  factor other than incapacity to consent.
    Rape in the third degree is a class E felony.

Both criminal acts depend on the definition of “consent.” In all fraud law, including New York State’s, only “knowing consent” is legally valid consent. Therefore, if a victim is defrauded of their knowing consent in NY State, sexual misconduct or third degree rape should apply. If my case didn’t go back 40 years, I’d file a complaint.

Some of the most learned commentary on rape by fraud law comes out of NY State. A comprehensive treatise by Patricia J. Falk, Law Professor at Cleveland-Marshall College of Law, was published in 1998 in the Brooklyn Law Review. More recently, Daniel J. Slomnicki published his findings in NYSBA’s Law Student Connection.  Mr. Slomnicki has interned with both the Queens District Attorney and the Kings County District Attorney.

NY is the state in which I was personally defrauded of sex for three and a half years. That defilement had an extraordinary and permanent affect on my life. I intend to make a difference in this state so it doesn’t happen to anyone else. Stay tuned!

Massachusetts missed the boat on defending women!

Massachusetts

While the pilgrims suffered countless obstacles to navigate uncharted waters, their descendants surely failed to rise above the sea of legal rhetoric on rape by fraud back in 2008. It was a tragically lost opportunity.

In Suliveres v. Commonwealth, 449 Mass. 112 (2007), the court deemed the defendant not guilty in a case in which he disguised himself as his brother to have sex with the brother’s girlfriend. Another MA case of rape by fraud was similarly dismissed when a lab technician passed himself off as a doctor.

Then Representative, Peter J. Koutoujian, currently the Sheriff of Middlesex County, proposed a law to make rape by fraud a crime. The law was considered “too broad,” and was voted down. The principle behind what defines “too broad” is that the law could be carried out if a man poses as single when, in fact, he’s married.

The following is a quote from CBS News at the time:

Rape by deception is just as damaging and illegal as rape by force, said Middlesex County District Attorney Gerry Leone. If the law passes here, a common concern is that the legislation’s vague language regarding deception will result in women who have been seduced by men posing as someone else or claiming to be unmarried filing rape charges.

So let’s examine the concept by which the law was rejected….

Joe Hitched, (sorry guys but this occurs far more frequently with men fooling women than women fooling men,) is on his own for a week. His wife is out of town to care for her father who just had heart surgery. Joe’s feeling bored and decides to go hang out at the neighborhood watering hole, the one with the loud music, pool table, and pretty women.

As Joe approaches the door, he takes off his wedding band, surveying his hand to see if he can detect a faint line where the ring normally sits. Content that his deception won’t be noticed, he finds a seat at the crowded bar and orders a beer.

Susie Single, fresh from a recent breakup with her boyfriend, is standing next to him. He offers to buy her a drink and they begin a chatting, friendly banter. He challenges her to a game of pool and before you know it, they’re kicking it up on the dance floor. When the beat turns to a slow simmer, he puts an arm around her waist and they sway seductively to the music.

Susie’s impressed with his good looks. She’s an intelligent woman, a nurse. He’s well spoken, seems like an educated guy, and he has a fun loving disposition. She’s not one to succumb to the flirting of the moment, but she gives him her number. When she gets home, she “Googles” him. He works where he said he did. Nothing negative appears on the internet.

Joe calls the very next day. “What a catch,” Susie thinks, “someone who’s not a game player!” She accepts his invitation for dinner. He makes a reservation for a romantic dinner cruise, and he tells her all about his divorce and the two kids he’s estranged from, since his terrible ex is giving him a hard time.

Susie’s heart melts. She feels an instant chemistry with Joe. He seems like the perfect guy… interested in his children, easy to talk to, hard-working. When he walks her to the door, and kisses her good-night, she’s caught up in the passion and invites him in. They have totally consensual, so she thinks, sex, that night, the next, and the next.

When his wife returns, Joe covers up his marriage by saying he needs to travel for business. Susie understands that his job takes him away, until she runs into him shopping with his wife at the local mall.

So, was their sex consensual? She agreed to it, right?  Or was she defrauded into it?

Susie was raised by her mother after her father made off with his secretary. She was adamant that she would never do to a family what her father had done to hers. Had she known Joe was married, she would not have gotten involved with him. Joe not only broke his marriage vows, he embroiled Susie in adultery and sexually assaulted her by fraud.

Why do our laws insist in protecting offenders who do this to women all the time? Why would a state deliberately turn its back on protecting a woman against assault by someone pretending to be her boyfriend or her doctor, in order to give Joe Hitched carte blanche to defile Susie Single? Is it because so many people do this that our Legislators are concerned they won’t get re-elected if they stand for the right thing?

Divorce is rampart in our country. Often, marriages crumble because it’s so easy to step out and hook up in another relationship. While people will argue that our courts will be inundated with charges against offenders, I’d argue that the volume of divorce is likely to diminish when offenders realize there are real and meaningful consequences to this behavior.

And the very simple response to the concept that our courts will be overrun with rape by fraud claims is: people should stop taking off their rings to defraud others of sex. But even if they don’t, cases of “he said, she said,” are unlikely to meet the burden of proof required for prosecution. Prosecuting a “rape by fraud” case would take “proofs” that will hold up in a courtroom, not the unsupported lies that are common in hook-ups. For that reason, even though Joe committed what we can see, generically, as “rape by fraud,” will he be prosecuted? Probably no.

If we’d like to live in a moral society, our laws must conform with morality. Sexually assaulting someone by fraud is both morally reprehensible and a crime. Just because Joe Hitched won’t be charged, does not make it less so.

Sadly, the Sheriff’s efforts, from the town where I was born, failed to acknowledge that duplicity invalidates consent in all things, including sex. I take this one personally.

Florida- protects their wildlife better than their women!

Using false personation to obtain a seaport security ID can get you a five year stint in Florida State Prison. The Sunshine State’s statuteFloridas on fraudulent practices is so huge, it’s divided into four separate parts. Making false statements to merchants, on real estate transactions, and in communications are just a few of the many defrauding acts that are covered.

Florida identifies the following as their legislative intent regarding using communications systems to carry out false personation:

Schemes to defraud have proliferated in the US in recent years and many operators of schemes to defraud use communications technology to solicit victims and thereby conceal their identities and overcome a victim’s normal resistance to sales pressure by delivering a personalized sales message.

Hmmm…. sounds just like what happens on e-dating sites, but it’s directed at advertisers who are selling products, not at sexual predators trolling for new victims. Seems false advertisements about hair products are far more important in Florida than defrauding you to undermine your sexual sanctity!

Florida identifies what most states call rape or sexual assault as sexual battery. One of the most important determinations in all such cases is the concept of consent. Their definition of consent is contained in 794.011 (a):

“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission.

According to this definition, a rape by fraud victim should be able to press charges based on the fact that their consent was neither intelligent nor knowing.  Other positive signs for the possibility of a rape by fraud charge are conveyed by the following:

794.011 (c): “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.

So, how about lying? Doesn’t that qualify as “any other act” committed without his or her consent? Sure should be!

Other than the ambiguous language quoted, there is no specific law in Florida’s statutes that prohibits rape by fraud: neither in the factum, nor in the inducement. But the literal interpretation of their language supports a victim bringing a case to the authorities, and if they fail to act, turning to their legislators to enact such a law.

LOUISIANA- Weak Code for Rape by Fraud Down on the Bayou!

Seems like an over abundance of swamp water drowns out the need to protect victims in Louisiana. The Bayou State has several statutes on rape, but none measure up on rape by fraud! There is aggravated rape, forcible rape, and simple rape. The construct that comes closest to rape by fraud, in Louisiana’s negligent criminal code, is simple rape, 43(a)(1).

In statute 43(a)(1), one example of simple rape is defined as sexual intercourse without the lawful consent of the victim when the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim’s incapacity.

The argument that could support a rape by fraud claim under this statute is that the victim was as unaware of the nature of the act as an intoxicated or drugged victim would be. Their consent, in any of the related cases, would not be freely given and knowing consent, because the offender duped them, (any cause,) into the act, and knew they were doing so at the time.

The ambiguity of this law could be cleared up by simply inserting the words “or duplicity” after “intoxicating agent.”

Protecting Wives Against Rape by Fraud

Louisiana’s statutes do contain one specific act of rape by fraud; (in the inducement,) that of impersonating the husband of the victim.

§43.3  When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.

By having implemented this law, Louisiana clearly shows that the use of fraud in seduction breaches knowing consent, but reserves their remedy solely for married women. This concept comes from the notion that a wife is a husband’s property. Defiling her is punishable because it is an offense against the husband. Unmarried women, therefore, are unprotected.
Idaho case tested the practice for single women
If a man posed as a boyfriend or fiancee, the charge would not apply. In a 2011 case in Idaho, against Zachary McGraw, the case was in fact dismissed because the victim was unmarried. The Judge on the case, the Hon. Cheri Copsey, found the disparity in the law “despicable”, but never-the-less, it still stands in Idaho and Louisiana.  (Refer to pg. 184 of Carnal Abuse by Deceit.) 

Louisiana’s statute on fraud as it relates to Theft, is crystal clear!

Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations.

The degrees of damage under this statute vary according to the monetary value of the loss. It appears that losing your most precious asset, your sexual sanctity, does not measure up to consideration since it has no quantifiable monetary value. Take a man’s money, off to jail you go. Defile a woman, (or anybody for that matter,) no problem!

Why take a minute to sign “It’s On Us”?

Take the It’sOnUs pledge!

Here’s My Badge!

ItsOnUs

The frequency of sexual assaults on college campuses has become so epidemic, that preventing attacks inspired a nationwide campaign, winning the endorsement of President Barack Obama. This effort, entitled, It’sOnUs, calls attention to the many perilous ways students can be raped, but does not include rape by fraud, the crime of duplicitous sex that harms many unsuspecting victims.

In addition to the obvious benefits for college students, why is this effort so important for us to address?

First and foremost, it establishes that “Non-consensual sex is sexual assault,” dispelling the long held notion, by many states, that rape by extreme violence is the only sexual assault that rises to a criminal level.

There are several legal myths that must be dispelled in order to create legal sanctions against rape by fraud. The simple truth is that duplicity invalidates consent in all things. That’s why fraudsters, like Bernie Madoff, are punished when they make off with your money. Like Madoff, rapists who use fraud secure the consent of their victims. In Madoff’s case, his targets even ordered their brokers and bankers to transfer funds into his investment schemes. When viewed in light of recent California legislation on sexual assault, in which “yes” means “yes”, the actions of Madoff’s victims pretty clearly indicated that they had agreed.

But, here’s the catch…… when “consent” is achieved by duplicity, even “yes” means “no.” “Yes” requires legally valid, knowing consent. When consent is not freely and knowingly given, in other words, not coerced through duplicity, “yes”, indeed, means “no.” Even though the victim did not know that a crime was being committed against them at the time, the offender knew.

What we’re fighting against, in the effort to create sanctions against rape by fraud, is the ironic concept that “knowing consent” is important in every other human interaction, but when it sexually violates us, it’s okay. Could the fact that the overwhelming majority of our law makers are men, and that the vast majority of rape by fraud victims are women have something to do with it? And even though the protection would likely help far more women than men, the men who are targeted by female fraudsters deserve the same protections that women are being deprived of.

The concept “Non-consensual sex is sexual assault” is an important first step in ridding state laws of their onerous doctrines of “force.” Once achieved, the next hurdle is to establish that lies of identity engage you in having sex with a stranger. For instance, when someone removes their wedding band to sidle up to you, they are not only breaking their wedding vows, embroiling you in adultery and fornication, but they are also raping you through their use of fraud. Their knowing act of duplicity deprived you of your self-determination over your choice of a sexual partner, defiling you at your most intimate core.

  • Rape by violence undermines your knowing consent. If the attack did not penetrate you sexually, it would be “assault”, not “sexual assault” or “rape.”
  • Rape by doping you undermines your knowing consent.
  • Rape by intoxicating you undermines your knowing consent.
  • Rape by coercion, the threat of harm, undermines your knowing consent.
  • Statutory rape of an underage minor undermines their knowing consent because they have yet to attain the age of consent.
  • Sex with a mentally challenged person is rape when the victim is considered unable to provide “knowing consent.”

Why then is rape by fraud, the deliberate act of depriving someone of their “knowing consent” to penetrate them sexually, not punishable in the vast majority of states?

The state of Tennessee has the most appropriate language in the nation to penalize rape by fraud. Their statutes prohibit intercourse “induced by deception, accomplished by fraud and obtained by ruse.” I am currently seeking a rape by fraud victim in the state of Tennessee who is willing to come forward to seek justice through criminal prosecution of the offender. Doing so can raise awareness throughout the country and help knock down the barriers that prevent wider implementation of rape by fraud laws.

Mischele Lewis recently came forward to arrest William Allen Jordan for defrauding her of sex in New Jersey. I had helped her address the authorities in NJ to file her claim. Jordan was arrested for 2nd degree sexual assault. Although the Grand Jury failed to indict Jordan on the charge, her efforts brought about awareness by a state lawmaker who is considering language to submit in New Jersey to protect its residents from such a crime. And Jordan faces additional charges the Prosecutor filed against him for other damage to Mischele.

Could you be the next person who stands up to make a difference in your state? Write me. I’ll research the criminal statutes in your jurisdiction and let you know if you have a case.