Tag Archives: #williamjordan

Debugging the Law on Sexual Assault by Fraud

stopfraud

Objections to penal code on sexual assault by fraud range from uninformed to downright bizarre:

  • People should just be more careful,
  • Boys will be boys,
  • It’s harmless,
  • It happens so frequently- half of society would end up in jail,

……… and on and on!

Here are some frequently raised objections, and why they simply don’t fly:

“Victims should be more careful.”

People with this objection fail to realize that sexual predators will specifically set out to lie and thwart detection. They go to great lengths to proffer and perpetuate sexual hoaxes. They deliberately harm one unsuspecting victim after another.

Rape by fraud happens to naive people, but it also happens to very astute victims who are not easily fooled. To some offenders, undermining the emotional armor that protects the most intelligent and savvy target is especially rewarding.

A victim’s “carefulness” can be undermined by an unscrupulous offender, and naivete is not a crime. Rape is.

“They didn’t know, so no crime was committed.”

All fraud takes place as the result of the victim being overcome by the offender’s vitiation of consent. But when the victim learns they were “had,” their feelings of defilement can be overwhelming. The same would be true of date rape in which the victim was drugged and not conscious when the rape actually took place.

Singer Cee Lo Green pleading "no contest" to date rape in which he gave ecstacy to his victim. In his opinion, “People who have really been raped REMEMBER!!!”
Singer Cee Lo Green pleading “no contest” to date rape in which he gave ecstasy to his victim and she had no recollection of the events. In his opinion, “People who have really been raped REMEMBER!!!”

No rape is less of a rape because the victim did not know that it was happening to them at the time.

“Rape by fraud is really not rape.”

The generic word, “rape” is globally accepted as “non-consented sexual penetration.” While different states call it by different names, sexual assault, sexual battery, sexual misconduct, etc, “rape” refers to sexually penetrating a victim who would not knowingly consent but for the vitiation of their consent by the offender. Because society balks at the use of the term “rape” when no violence occurs, however, it’s best to use a less glaring term for non-violent acts of rape.

A recent University of North Dakota survey indicates that approximately 1 out of 3 college men would rape if they thought there would be no consequences. This figure was arrived at when the act was described but not referred to as “rape.” When the word “rape” was introduced, however, the ratio dropped to 13%.

Rape is the crime of stealing sex from someone who would not otherwise give it to you.

“Saying “yes” means consent.”

Using fraud to secure a “yes” is sexual exploitation. In all human interaction, when someone defrauds you of your assets or dupes you into conduct of any sort, they are using the tool of “fraud” to take something from you. Your consent is considered totally ineffective under the law.

Bernie Madoff defrauded investors who not only said "yes," they directed their bankers and brokers to deposit money into his investment schemes. Right click to hear Madoff's 2007 explanation of how investment fraud is impossible to execute, just a few short months before his house of cards collapsed.
Bernie Madoff defrauded investors who not only said “yes,” they directed their bankers and brokers to deposit money into his investment schemes.
Right click to hear Madoff’s 2007 explanation of why it’s hard to hide fraud, just a few short months before his house of cards collapsed. His sincerity underscores the underhandedness that defies detection in con artists.

Model Penal Code- “Consent is ineffective when induced by force, duress or deception.” 

“Rape by fraud laws would punish people for wearing padded bras, lifts in their shoes, or dying their hair.”

Balderdash! A person’s appearance is either pleasing to their sexual partner or not. An appearance enhancement neither masks the nature of the act itself nor the identity or intent of the offender.

Appearance enhancements can and should be disqualified as “fraud” in rape by fraud law.

“This law is just another way to make society more of a woman’s world and undermine maleness.”

I view that comment as one of the most sexist things I’ve ever heard. In the tug of war between misogyny and misandry, some feel that rape by fraud laws favor women. Women can be just as guilty of conducting rape by fraud as men, although more rapes occur to women than men.

patientRape by fraud law would protect men against gold-diggers and curtail the transmission of life-altering illness that occurrs when a sexual predator lies to hide their health condition from someone of either sex.

The law is gender neutral and provides equal protection to both men and women.

“It goes on all the time. How could laws possibly be enforced?”

First off, it shouldn’t go on all the time, and that’s exactly why this law is so important. Once it becomes law, people will recognize sexual assault by fraud as abhorrent behavior.

The proofs needed to try a case are far more substantial than simply “he said, she said.” The police can’t arrest someone without proof of a claim, the Grand Jury can’t indict, and the victim would have to have made a reasonable effort to know the truth.

Willingly jumping into bed with someone upon first meeting them would not qualify as rape by fraud. Unless the victim can substantiate that the crime, indeed, was committed against them, in keeping with all criminal arrests, no prosecution would take place.

Judge John Tomasello who refused to give Mischele Lewis a restraining order and failed to notify her that she already had one under Nicole's Law. He also claimed that he'd have to lock up every college student for doing what convicted felon, William Allen Jordan, did to her by defrauding her of sex.
NJ Judge John Tomasello refused to give Mischele Lewis a restraining order and failed to notify her that she already had one under Nicole’s Law. He also claimed that he’d have to lock up every college student if he agreed with her claim that William Allen Jordan, a convicted pedophile and bigamist, had defraud her of sex.

Any arrest would require substantial proof and the victim would have to have made a reasonable effort to know the truth

“People will fabricate they were raped after the fact because they simply want to damage the innocent person who’s dumped them.”

Fabrication can take place in any claim of wrong-doing. We don’t fail to enforce criminal law because people can misuse it. That’s what judges and juries are for; determining whether sufficient proof exists to pronounce the offender guilty. There are so many reasons why people don’t immediately come forward after a rape that it would take up an entire post. But when they do come forward, they need proof in order to press charges. A non-supported case of “he said, she said” would not be prosecuted, even though any act of swindling someone out of sex is a violation.

Significant proof is required when prosecuting any claim in every case. Sexual Assault by Fraud is no different.

“Violent rape is the only real rape.”

Our laws have long recognized that a violent assault against a victim’s sex organs is more heinous than other types of violent assault. If the offender used violence to break our arm, we would not call that rape. We recognize that there is something uniquely different about sexually violating a person. And there is nothing that can compare to the heinousness of violent rape.

But violence is one means to rape a victim. Our laws have also acknowledged that penetration of a person’s sex organs without their consent is “rape,” Date rape and statutory rape are good examples.They are forms of rape in which violence need not be present. The It’sOnUs Pledge states specifically, “Non-consensual sex is sexual assault.”

When the offender uses fraud to vitiate “knowing consent,” by any means, they are aware they are doing so, even though the victim is not. In all acts of rape, it is the actions of the actor that is the crime.

The tools by which an offender will sexually violate a victim include: violence, dope, intoxication, coercion, sex with someone under the age of consent or too mentally incapacitated to consent, and fraud, (dupllicity/deceit.)

Every means of vitiating a victim’s right to self determination to penetrate their sex organs is rape.

Why will people will continue to object?

With all of the reasons behind adoption of sexual assault by fraud law, some people will continue to oppose it. Any change in society’s “norms” takes getting used to. Often, those changes are initially met with disbelief and even ridicule. We’re seeing that in the outlandish comments people make. But there are other reasons many will continue to object. Here are a few……

1. They didn’t read or understand the law.

2. The media continues to stir up hysteria by incorrectly stating fictitious cases such as “the speed of my Lamborghini, blah, blah,” or “I’m Brad Pitt’s best friend.”

2. There are people who fail to appreciate and acknowledge that every human being’s body is sacrosanct. It’s a good idea to stay away from people who fail to do so. They’d have very little respect for your sexual autonomy,

3. Media’s portrayal of sex, and its constant bombardment of sexual imagery, creates the concept that sex is a prize, reward or entitlement. Sex has been depersonalized. It’s become a commodity. But sex is not a “thing”, and sexual sanctity is every person’s inherent right.

4. Adopting new legislation is up to legislators who count on making popular decisions to remain in office. And some legislators, judges, police officers and others, who pass or uphold the laws, can be just as guilty of rape by fraud as anyone else. An inability to grasp the criminality of rape by fraud tells us a great deal about that person.

6. The mindset that enables an offender to commit rape by fraud is a selfish, narcissistic perspective; one that puts individual desire above respect for another human being’s self determination. Doing so indicates their ability to devalue a victim for their own personal greed. People who object are supporting society’s continued acceptance of sexually deviant behavior. What does that say about that individual?

Let’s have a frank and open discussion

Anyone wishing to state an objection to sexual assault by fraud law can leave a comment here, and I’ll be happy to respond. Folks who’d like to lend their support are welcome to join in. Please address the issue in a respectful fashion. Hurling insults, foul language, personal attacks or other negative responses will result in removal of the comment.

 

 

 

Justice- A Moral Imperative for Sexual Assault By Fraud Victims

justice

Socrates, known as one of the greatest philosophers in Greek history, was executed for his beliefs in justice and the pursuit of goodness. He opposed prevailing concepts such as “might makes right.” His teachings and politics were so foreign to the mores of the time, he was executed for corrupting the minds of Athens’ youth.

From the deepest desires often come the deadliest hate- Socrates
From the deepest desires often come the deadliest hate- Socrates

Back then, Greek laws considered “rape” a crime only when the victim was a female citizen in good standing. Sexual brutality toward a slave or a man was irrelevant. And the victim had to be a virgin. Rape was punished consistent with patricide, the murder of one’s father. The injustice was thought to occur to the head of the household, who owned her virginity, not the person who’d been defiled.

Our laws struggled forward from this egregious starting point. Centuries later, here in the US, each state created its own band-aide solutions as society’s morality shifted, with no consistent, state-to-state definition on what actually constitutes a sexual assault.

Ownership of sexual intercourse shifted from father to husband in the colonial US. Wives who were promiscuous were punished for adultery or fornication. But modern society no longer considers sex to be the property of a husband. Rather, our rape penal codes consider the sexual sanctity of each individual to be theirs and theirs alone.

Clearly, today’s ItsOnUs Pledge endorsed by President Obama, states the concept society recognizes as “rape”:

“Non-consensual sex is sexual assault!”

Socrates identified the harm in rape by fraud. He decried violent rape as a villainous act. He  pointed to what he called “sex by persuasion,” as especially compelling because it:

“undermines the character of the victim.”

In our current era, hardly a soul would consider committing violent rape as anything but a heinous act. But yet much of society fails to acknowledge the insidious harm committed by defrauding a victim of sex. Socrates had it right; sexual assault by fraud, (his persuasion,) undermines the character of the victim!

Just as in any other form of sexual assault, rape by fraud strips away integrity and personal autonomy from the victim. And it does so by misusing the victim’s own self determination to harm them. It leaves them feeling culpable in their own defilement. The sense of disgust at oneself for falling prey to sexual intrusion creates oppressive feelings of vulnerability, serious depression…. and even suicide. Victims struggle with the thought that they can and will never feel safe again.

But are victims of rape by fraud culpable?

Not more so than any other victim who is defrauded of any other asset. In all cases of fraud the perpetrator:

  1. Lies,
  2. Knows they are lying,
  3. Intends for the victim to rely on the lie.
  4. The victim relies on the lie.
  5. The offender makes off with the victim’s valuables.

Fraud is a tool that offenders use to acquire what the victim would not otherwise give them. It is an unscrupulous act to deprive a person by manipulating their self-determination. The only difference between sexually assaulting a person by fraud, or stealing other assets, is the bounty the offender criminally usurps. And when that bounty is access to their most intimate, sexual core, the crime is rape.

Justice restores righteousness and integrity to victims

Faithfulness and truth are the most sacred excellences and endowments of the human mind- Cicero
Faithfulness and truth are the most sacred excellences and endowments of the human mind- Cicero

Marcus Tullius Cicero, ancient Greece’s most prominent orator, stated;

“Nothing that lacks justice can be morally right.”

Like Socrates, he was executed for his beliefs. For centuries, society has downplayed sexual sanctity by jerry-rigging peculiar constructs into laws that fail to give bodily integrity its due.

Considering the price the victim pays for this gross oversight, justice is a moral imperative!

Without laws to prevent this reckless and intentional act of sexual depravity, offenses will continue unabated, and countless victims will suffer. Rape by fraud legislation will prevent this moral black hole from quietly sucking society into its vortex.  It will do so by recognizing every person’s right to protection from unscrupulous sexual acts against their body.

A million gadflies are needed! 

gadfly2.jpgSocrates was known as a “gadfly,” the fly that stings the horse into action for his attempts to set Athens on a path toward justice. I sincerely hope you’ll join me in becoming a gadfly to promote passage of sexual assault by fraud laws throughout the US, enabling justice to reach victims who suffer from this debilitating, insidious crime.

Here’s what you can do…..

  • Join 50 Brave Women
  • Write your local legislator and insist on their introducing Sexual Assault by Fraud law in your state.
  • Contact any of the Legislators in NJ and tell them how important the passage of Assembly Legislation, #3908, is to you! You don’t need to be a New Jersey resident to express your opinion.

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.

New Jersey’s new Sexual Assault by Fraud Bill!

New Jersey- a step closer to makeing romance safer for all!
New Jersey- a step closer to making sexual relations safer for all!

 

I am sooo very pleased to announce that on November 13th, Assembly Members Troy Singleton, Gabriela Mosquera, and Pamela Lampitt introduced Legislation #3908 making it unlawful to defraud a victim of sex in the state of New Jersey!

This bill has a long way to go before passage. It will be be reviewed in committee and must be approved by both the Assembly and the state’s Senate. But it is a huge step forward in the effort to enlighten societal awareness about what actually constitutes sexual assault.

Proposed NJ Law #3908

Please note, the document appears sideways but you can rotate it clockwise in your viewer. 

 

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!