Tag Archives: #SexualAssault

Steve Humanick Hearing Tomorrow

Steve Humanick, Stone Harbor, NJ

Not a police officer, Steve Humanick of Stone Harbor, New Jersey, is on trial tomorrow in Doylestown, PA, for a restraining order against a woman he was dating. Previous police actions Continue reading Steve Humanick Hearing Tomorrow

Tulipan Argentina’s New Condom Packaging Adds to CONSENT Confusion

Embedded video

Tulipan, an Argentine condom manufacturer, created new packaging to promote the “No Means No” concept of consent. Their box requires four hands to open. But this packaging fails to recognize that someone can be forced, coerced or deceived into cooperating. And when that happens, CONSENT is not present no matter how many hands have stirred this pot!

Less than 15% of Argentine men are estimated to actually use condoms. Never-the-less, this version of consent confusion intensifies the mischaracterization of consent as agreement by any means.  While “No” always means “No,” “Yes” only means “yes” when it is “freely given, knowledgeable and informed.  #FGKIA!”

Just like a Marlboro cigarette box is required to display a warning, Tulipan’s boxes should bear this notice:

“Regardless of how many hands open this box, consent is not present if either party has been forced, coerced or deceived to secure their agreement to sexual conduct.”

Why Federal Sex Trafficking Law but no Federal Sexual Assault Law?

 

The Thinker by Auguste Rodin

Rodin’s figure of The Thinker was originally cast for his design of “The Gates of Hell,” the entrance way to a museum that was never built. It’s planned use seems analogous to the harm all rape victims endure, regardless of how they were raped. And it’s high time all of society rethinks what constitutes sex vs. what constitutes sexual assault!

Laws set the stage for moral reasoning and should apply to all things, equally Continue reading Why Federal Sex Trafficking Law but no Federal Sexual Assault Law?

“Your Consent” New Book- Released Today to Conquer Sexual Assault!

 

On Amazon – https://amzn.to/2S9ZUJu

Your Consent – The Key to Conquering Sexual Assault launched on Amazon today! It’s ranked #1 in New Releases – Law Dictionaries and Terminology!

Knowing what I do about sexual assault, that our laws really don’t define “consent” correctly, it pains me to see all the misguided efforts by intelligent, serious minded people who try to come to grips with the rampant volume of sexual assault. There really is one, and only one, necessary solution…. correctly defining consent in our laws, and creating a fully encompassing sexual assault provision to sync with that definition.

Without taking this critical step, sexual assault will never be defeated! Instead, we’re simply sticking a band aid over an amputation. #MeToo has highlighted the problem but too many sexual assaults are falling through the cracks in legal loopholes or being termed “confusion” or “bad sex,” by an unknowing society.

How terrible are our current laws?

My ConsentAwareness.Net friends who are fighting to change the laws in Texas know only too well how absurd the current laws are in their state. They’ve been to five precincts in the last couple of weeks. Even though Texas has a reasonably clear definition, it is only used to thwart thieves, not rapists. In fact, in the specific words of a precinct Sergeant in Ft. Worth…. “Sexual assault is not defined by consent in Texas.” If you think your state is better at recognizing sexual assault, think again!

Curbing crime takes both definitions and provisions

To fight sexual assault, we need new language that identifies what consent actually means…… “Freely Given, Knowledgeable, and Informed Agreement.” And each state or territory needs a statute that unequivocally states, “Nonconsensual sex is sexual assault.”

Penal Code definitions AND provisions need to work in unison in order to make sense. Having one without the other is an ineffective non-starter.

The solution’s not rocket science. It’s plain and simple. It’s been ignored for centuries because our laws reflected the concepts that women, the largest share of sexual assault victims, were chattel. Their virtue was a commodity owned by someone other than them. What happened to them, as second class citizens, was irrelevant. Because few actually examined our laws and researched the misconceptions that enables rape in our present society, nothing substantive has been done about it.

I’ve researched our laws….It’s time for a change!

Your Consent – The Key to Conquering Sexual Assault conveys the issues in plain language. Whether you’re a legislator, an educator, a judge, juror, or simply a concerned person, you can easily understand the message it conveys. This book can make a world of difference, and YOU can help make that happen!

  • Please get your copy today!

  • Please provide a comment and a rating!

  • Please help this work get noticed by the mainstream. It costs less than lunch money and can make the world safer for you, your children, and your children’s children.

Thank you!

Hmmm- Where’s my prize for World Poetry Day?

Joyce Short delivering My Consent at TEDx Talk

Got this blast this morning from The NY Times.

It’s Thursday — and it is World Poetry DayEnjoy these recommendations from David Orr, who writes the On Poetry column for the Book Review.

 

Guess Mr. Orr doesn’t include poems from TEDx Talks on his list of best poetry for 2018 because my poem was peculiarly missing.  (Please read that as an effort toward humor.)

But really, in honor of World Poetry Day, and to refresh minds about the gravity of sexual assault….. I repeat it here:

MY CONSENT

My body’s not a token, not a prize.

Don’t defile me with coercion, force, or lies.

My body’s not yours to take; it’s mine to give.

My body’s not your entitlement; it’s where I live!

 

Don’t think consent’s a privilege; it’s a must,

No matter how intensely you feel lust.

F-G-K-I-A, Keep your rape mentality away.

F-G-K-I-A, Sign it into law today,

Freely Given, Knowledgeable and Informed Agreement!

 

Watch my TEDx Talk and call your legislator. Use your voice to make the world a safer place!

 

Speaking at Church of the Advent Hope- 3/23

Church of the Advent Hope

Will you be in NYC on March 23rd? If so, you’ll receive a warm welcome at the Church of the Advent Hope when I address the congregation on:

What does CONSENT really mean? 

 

As all who read this Web Page know, “Consent” is the crucial weapon in the war on sexual assault! Come help spread the word and find out what you can do to create a society of consent-aware children, our best hope for a safer future.

Address: 111 East 87th street

Time: 2 PM

Consent – Assent – Acquiescence: What’s the dif?

#CAD or #CarnalAbuse #FGKIA #RapebyFraud

It took me 4 years to write my first book, Carnal Abuse by Deceit. I published it in 2013. That means I began the process of trying to straighten out society’s understanding and laws on rape ten years ago. In those ten years, I’ve probably seen every definition of assent, acquiescence and consent that exists in the English language, right, wrong, and in between.

And I’ve recognized that society has a knee jerk reaction to considering non-violent sexual assaults as “rape.” I’ve learned not to split hairs over semantics; particularly because sexual assaults that are non-violent should be considered a lesser offense than violent sexual assaults. But all sexual assaults, whether violent or non-violent, should be covered by penal code because every victim who is sexually assaulted is defiled, whether or not violence was used against them.

Assent:

Except for the misunderstandings that lump assent, consent, and acquiescence all together as synonyms – which they’re not – you’ll see that assent is a superficial type of agreement. Anyone who nods their head and says “yes” is assenting.

In 1946, an American military tribunal conducted military, criminal proceedings against 23 German medical professionals for their crimes against the human race. They had cooperated in or conducted ghoulish experiments using live humans during World War II. The Nuremberg trials, as they were known, gave voice to Nuremberg Code which guides medical experiments throughout the US. Nuremberg Code identifies that even a child, who has not yet reached the age of reason, can assent. Simply saying “yes” is assenting,

Nuremberg Code also tells us that saying yes when you have all the facts, are capable of reason, and are not being pressured, is “consenting.” Nuremberg Code requires the subject of a medical experiment to “consent.” If that subject is a child, their agreement could only be considered as “assent.” In order to conduct such an experiment, the child would have to sign an “assent” form. The parent or legal guardian would sign a “consent” form.

Acquiesce

Alleged sexual predator Harvey Weinstein heads for court

When a person acquiesces, they are assenting. But not everyone who assents is acquiescing. They could be agreeing but not because of fear. Acquiescence is agreement under duress, (fear/pressure.) You could also say that acquiescing is assenting under duress. But as Nuremberg Code points out, a person who consents must do so of their own free will. So a person who is pressured by fear to assent is not consenting. They are acquiescing.

Deception:

In legal discussion regarding contracts, your assent can be nullified if the basic facts by which you assented were misrepresented (fraud). Although you agreed on the face of the information you were given, your assent is vitiated. Since you were not knowledgeable and informed, although you assented, you did not consent.

Why are these differences important? 

We need for society to understand the difference between various types of agreement in crystal clear, simple terms. Our law makers are clear that we need “consent” to engage in sex. But they are clear as mud, and frequently incorrect, about what consent actually is.

In practice, from coast to coast, what is not expressly prohibited under the law is permissible: therefore, until we express that “nonconsensual sex is sexual assault, and consent is freely given, knowledgeable and informed agreement” in our laws, all instances in which a specific defiling act takes place without a specific penal code prohibition, that conduct cannot be prosecuted.

Several states say your “words and overt actions” are consent. Nope, if your words and overt actions result from force, duress, or deception, they are absolutely not consent. “No” means no, but “yes” only means  yes when it’s not induced by force, duress, or deception. Only in rare cases do our laws uphold this principle.

As I’ve struggled with the process of motivating legislators to deal with this issue, I’ve seen that their interest in ignoring deception is deliberate. It’s far too consistent to be otherwise. Model Penal Code’s description, “Consent is ineffective if induced by force, duress or deception,” is too widely known for the omission of deception to be seen as simply an oversight or not relevant.

Our law makers have been truly callous to the harm a person suffers when they are tricked into sex, and they envision that these cases will “clog up our courts.” The fact that the victim’s self determination over their reproductive organs has been violated is irrelevant to them.  The end result; however, is that their failure to identify what consent really means feeds the rape mentality that harms sexual assault victims all across the spectrum.

What can be done about it?

#MeToo and #TimesUp have identified that sexual assault is rampant, but even their efforts fail to reach to the core of the problem. Correctly defining consent in our laws would guide behavior and hold sexual predators, who prey on people for sexual contact in a myriad of ways, accountable.

Very few states correctly identify the relationship between assent and consent. Missouri is one of them.  Missouri. 556.061 (14) states: “Assent does not constitute consent if (c.) It is induced by force, duress or deception.”

Why not? Because consent is freely given (not forced or coerced (duress)), knowledgeable and informed (not deceived) agreement. #FGKIA!

Yet when it came to prosecuting Mario Antoine, who tricked over 30 victims into sex, the SVU Prosecutor in Kansas City MO, Jill Icenhower, failed to prosecute.

Here’s Nuremberg Code:

“The person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge as to enable him (or her) to make an understanding and enlightened decision.

The solution:

The solution for holding all sexual assault offenders accountable is for our laws to recognize that all –

Nonconsensual sex is sexual assault – and

Consent is Freely Given, Knowledgeable and Informed Agreement – #FGKIA!

This isn’t rocket science. It’s just plain common sense! Call your legislator and demand that they enact this new, consent-based language to prohibit all forms of sexual assault into the laws of your state, today!

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Help to adopt appropriate laws to conquer sexual assault today! Read Your Consent and send it to your legislators.

Demand change! 

Anti “Rape Justice” Is Law- And the reason we have so much sexual assault

Thomas Jefferson, President and father of 5 children with slave, and sister to his wife, Sally Hemmings

RAINN tells us that sexual assault happens every 98 seconds, and it happens to a child every 11 minutes.

Anti “rape justice” language and attitudes are embedded in our laws. It’s been with us century after century because sexually amoral law makers deliberately and callously made it this way – Here’s a list of known federal leaders with horribly flawed ethics whose mentality shaped, and shapes, our laws. Here’s a list of state and local officials who have done the same.

Present day law makers have either inherited their rape mentality or see no political advantage in changing it. Some simply don’t want to buck heads with constituents who could provide them with votes and backing, and whose sadistic sense of entitlement hides behind claims like:

  • “Government should not interfere with private, personal conduct,”
  • “Changing the laws would turn justice for sexual assault into a slippery slope,”
  • “Minorities are unfairly treated so we shouldn’t recognize and prevent more crimes.”
  1. Protecting its citizens is absolutely the most critical responsibility of government, and particularly, when a crime is so abhorrent that it undermines a victim’s psyche for a lifetime. It is absolutely essential for government to step up!
  2. The minefield of seeking conviction does not prevent us from recognizing when crimes such as extortion, murder and stealing occurs. It should not prevent us from recognizing when a victim is sexually assaulted. We need laws to define that all nonconsensual sexual conduct is a sexual assault, and that consent is freely given, knowledgeable and informed agreement, #FGKIA, in order to protect against sexual assault. Laws that are common in several states claim that a victim’s “words and actions” constitutes consent. Nothing could be further from the truth when those words and actions are induced by force, duress or deception. Yet in the following states, your words and actions could enable a sexual predator to escape conviction: California, Colorado, DC, Minnesota, Montana, New York, Vermont, Washington, and Wisconsin
  3. Our justice system needs an overhaul. No one should be treated more harshly because of their ethnic background or the color of their skin. Failing to recognize when someone is raped is not the means by which we can address the injustice in our justice system.

Immorality starts at the top!

Century after century, men have governed our country who were embroiled in sex scandals. Several gave birth to offspring with slaves. In fact, Thomas Jefferson’s mistress was the enslaved sister of his wife.

  • Thomas Jefferson
  • Andrew Jackson
  • William Henry Harrison
  • John Tyler
  • James Garfield
  • Grover Cleveland
  • Warren Harding
  • Franklin Delano Roosevelt
  • Dwight Eisenhower
  • John F. Kennedy
  • Lyndon Johnson
  • George H W Bush
  • Bill Clinton
  • George W Bush
  • Donald Trump

Donald Trump, whose wife voiced serious violent rape accusations against him, and whose corrupt lawyer, Michael Cohen, defended his actions by incorrectly stating, “You can’t rape your wife,” sits at the helm of our government today. Is it any wonder that we have an uphill battle to stop rape in our lifetime?

You can help bring about change!

Watch this TEDx Talk and get your copy of Your Consent – The Key to Conquering Sexual Assault. Share these links with everyone you know! Demand your legislators change our laws!

 

 

 

Indiana Fails to Enact #RapeByFraud Bill

HB 1584, the bill to address a gaping, rape loophole in Indiana’s laws  – the one that failed to convict Donald Grant Ward of sexual assault – will not see the light of day in the 2019 legislative session.

Grant Ward, as his friends call him, climbed into the upper bunk where a female student was fast asleep in her boyfriend’s dark, dorm room at Purdue University. She awakened because she felt her breast being touched, and then… he sexually penetrated her.

Ward knew he was tricking her into thinking he was her boyfriend. He admitted so to the police. He was arrested for rape, He was acquitted on the basis that his conduct was not a crime in Indiana’s laws. To add insult to the already egregious injury he and the jury’s decision caused the victim, the judge expunged his criminal record.

Ward’s attorney, Kirk Freeman, exploited the weakness in Indiana’s laws by defending his client’s conduct and by preening about his behavior; referring to him as “my boy” like a proud papa. His attitude exemplifies the patriarchy that perpetuates rape mentality and continues, unabated, in Indiana.

Indiana’s laws say nothing about the type of sexual assault Ward conducted. Nor do they say anything about the definition of consent. This failure could have, and should have, been corrected in this legislative session. It won’t be. How many additional victims must be raped before Indiana’s legislators see the light?

What does this legislative failure say about safety in Indiana’s colleges and universities?

Personally, if I had a daughter, the very last place I’d send her off to school right now would be Indiana. While Purdue, Notre Dame, and Indiana State enjoy high rankings in educational excellence, I’d be horrified that the Indiana legislature showed gross disregard toward protecting my child, and concerned she could suffer a similar fate…….. with absolutely no accountability or justice. (And BTW- rape can happen to our sons as well as our daughters.) Given a choice, I’d be looking at universities in states where my child would be protected by appropriate laws.

As if this incident at Purdue were not enough to convince me to educate my child elsewhere, Purdue is currently being sued for expelling two students for reporting sexual assaults.

Some other states to consider

The Hon. Mandy Powers Norrell, South Carolina State Representative

The Hon. Mandy Powers Norrell, South Carolina State Representative, is currently undertaking to protect the residents of her state from Ward’s behavior and further incidents of sexual assault. Her bill, H 3829, is pending in her state.

Alabama and Tennessee have existing laws that make Ward’s behavior a crime. Both laws are identified in my most recent book, Your Consent – The Key to Conquering Sexual Assault, which shows the consent provisions from coast to coast, explains why rape by fraud is a crime, and clearly defines how “consent” should be expressed in each and every state across the US and around the world.

What your raped daughter or son could face – for the rest of their lives

No matter what form of rape a person is subjected to, rape never leaves their psyche. Rape invades the most private part of a victim’s being and pollutes even the most remote corner of their mind. It takes a great deal of effort and therapy to  learn to compartmentalize defilement into a part of one’s brain where it no longer interferes with daily functioning.  Even once a survivor makes peace with what happened, they can be plagued with recurring suicidal ideation, depression and interpersonal dysfunction for life.

As a rape survivor, I, and millions of other survivors, have good reason to feel re-victimized by the oversight of Indiana’s legislators. While Donald Ward’s conduct harmed one victim, the legislative decision to ignore HB1584 failed millions of present, past, and future rape victims. Failure to pass this important bill lets the copy-cat out of the bag because it tells sexual predators that there are no consequences for conducting the heinous defilement of rape by fraud or impersonation in Indiana.

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Society and our lawmakers must be clear on what consent really means in order to conquer sexual assault! Please register for this booklet today! Together we can fight sexual assault and make the world a safer place!

Every nickel from the proceeds of this book’s sales will be used to fight for sexual assault laws!

 

 

What’s the proper penalty for rape by fraud?

Mario Antoine- locked up for 10 years for cyber crimes but nothing for rape by fraud even though the prosecutor called him a “serial rapist” and over 30 women came forward with claims against him.

Suffering through sexual degradation impacts victims at their core. Their overwhelming sense of having been polluted is ever present, long after their ongoing contact with the offender stops.  Escaping the grasp of a predator can be a horrific struggle. Even once achieved, an indelible suffering permeates one’s body and mind long into the future. Continue reading What’s the proper penalty for rape by fraud?

Calling All Lawyers!

#SexualAssaultByFraud Law

Interested in helping to fight sexual assault by fraud or deception, case by defiling case?

Survivors of sexual assault by fraud have an almost impossible obstacle to hurdle in order to recover. Our justice system fails to prosecute, even in states with specific rape by fraud laws like Missouri where “Assent is not consent when induced by force, duress or deception,” – second degree rape.  We need to identify legal help for the countless victims who have suffered this heartless deceit, whether through a civil or criminal action!

If you have the skills and interest to put these cases on the judicial map and lay a foundation for justice for so many, please contact me at consent.awareness@yahoo.com. Please identify “I’m a lawyer in ……..” naming your state in your subject line.

Together, we can make the world a safer place!

 

NIGHTLINE! Tonight! ABC! Joyce Short on Rape by Impersonation Law for Indiana!

Tonight’s broadcast of Nightline, (12:35 AM, Tuesday morning on ABC) is scheduled to cover the new bill that is soon to be submitted in Indiana on Rape by Impersonation. It features Joyce Short, Sally Siegrist, the State Representative who championed the legislative change, and Abigail Finney, the victim in the Donald Grant Ward case that Ms. Short discusses in her TEDx Talk, When YES Means NO – The Truth About Consent.

Ms. Short covers the issue of #CONSENT and #FGKIA in greater depth in her new book, Your Consent – The Key to Conquering Sexual Assault that is currently  available in a pre-release PDF, and will soon be released on Amazon.

Barring that no major news event prevents this episode from airing, you can live tweet Ms. Short @jm_short using hashtag #FGKIA for Freely Given, Knowledgeable and Informed Agreement, the meaning of CONSENT!

#FGKIA – The Meaning of Consent – Launched Today for Kids Around the World!

NYAToday Media – News for Young Advocates Today – has teamed up with ConsentAwareness.net to make #FGKIA, the meaning of CONSENT, crystal clear to the younger generation. Growing a generation of “consent savvy” kids is crucial for conquering sexual assault in our future! This kid-friendly “ConsenUal Campaign” speaks volumes in a colorful, entertaining format that’s perfect for young minds, and their families.

The information is available in English, Portuguese, Spanish and French, with more to come.

We welcome your questions and comments!

Brazil- More Progressive on Rape by Fraud Than the US

Arrested for Rape by Fraud- Jaoa de Deus

Yesterday, a self-proclaimed psychic healer and “medium” was locked up for raping at least one, and possibly hundreds of victims by fraud. Joao Teixeira de Faria, also known as Joao De Deus and “John of God,” allegedly preyed on hundreds of women who visited his Continue reading Brazil- More Progressive on Rape by Fraud Than the US

Carnal vs. Intimate Defilement- Why It Matters, Everywhere, Including Texas

The Women’s Center, Ft. Worth TX

People who scoff at or fail to recognize the grotesque exploitation of rape by fraud have a great deal to learn about defilement. Yesterday, I was told that a recent rape by fraud survivor had approached the Ft. Worth, TX, Women’s Rape Crisis Center, and was turned away.

The victim, Dina, who was searching for healing and validation, had been horribly defiled. Not only had the offender lied his head off about anything and everything, he actually produced a forged divorce decree to prove he was single. He repeatedly engaged Dina in sex for several months…I’m sure you know how this ended! 

Dina has been to the police. She’s consulted with lawyers. She’s been Continue reading Carnal vs. Intimate Defilement- Why It Matters, Everywhere, Including Texas

Texas Needs a “Consent” Overhaul!

Thanks to Maureen Harrison for pointing out the penal code conundrum in Texas.

While the Longhorn State is long on “consent” definitions, they apply to theft but not sexual assault.

Texas legislators make the same outrageous mistake other legislators make. They act as if the meaning of the word changes Continue reading Texas Needs a “Consent” Overhaul!

“IN” state laws support “IN”decency!!

#DonaldWard @DonaldWard DonaldWard

In a move that underscores the indecent state of immorality in Indiana’s sex crime laws, rape charges against Donald Ward were recently expunged from his criminal record. This revision underscores how desperately every resident of Indiana, and certainly every student attending college there, needs Indiana’s laws to change! Continue reading “IN” state laws support “IN”decency!!

Sofia’s Story- Violent vs. Non-Violent Sexual Assault

Without the recognition of “consent” and its impact in sex, often nay-sayers ridicule survivors who suffered non-violent forms of sexual assault.

I received this message today from a brave woman I’ll call Sofia, in order to protect her identity. What follows are her words: 

“I’m so grateful to have found your talk on Ted Talks. You share my history & spoke my story.

I was sexually abused by a family member at 12, forcibly raped by a so called boyfriend at 14, but the worst of all for me was in the form Continue reading Sofia’s Story- Violent vs. Non-Violent Sexual Assault

#Vote4Women! Our best bet to shut down sexual assault!

I’ve researched sexual assault laws across the country and back again. As a survivor, the author of 3 books on the subject and a TEDx Talk presenter, I can tell you, emphatically that we have so much sexual assault in our nation because our lawmakers are principally male!

Century after century, men have created the laws that kept us “LESS THAN!” We need to change this dynamic, and we need to do it NOW!

Seventy-six percent of the states and territories of the United States fail to define CONSENT in their laws.

I have fought to change this for the past 10 years. Today, a legislator in NY and another in Indiana, if re-elected, have pledged to adopt new laws on sexual assault in their states. They are Asm. Rebecca Seawright, a Democrat in NY City, NY, and Representative Sally Siegrist, a Republican in West Lafayette, Indiana. If you live in either location, and want to see a change in the prosecution of sex crimes, vote these ladies back into office!

As an advocate, I’ve spoken to men and women on both sides of the aisle. The single most common male-legislator resistance I receive to rightly defining consent in our laws is that our courts would be overwhelmed with sexual assault cases. Every time I hear this absurdity it blows my mind! Without realizing it, what they are saying is that they know how frequently sex crimes defile victims, but they are okay doing nothing about it!

Let’s all pull together to stop this nonsense!

Get women into positions of power that can shut down the volume of sex crimes for this generation and every generation to come! #Vote4Women!

Watch and share this TEDxTalk! Show it to your next powerful, female legislator!