As Domestic Violence Awareness Month (#DVAM) winds down, we are nowhere nearer to the solution.
In fact, just this month in Indiana, legislators passed on an opportunity to make a difference! Their Legislative Interim Study on Consent, headed by State Representative Wendy McNamara, closed down without any stated effort to bring about change despite objections from legislators on both sides of the aisle.
Consent is critical in any conduct in which one person touches another. And when the person touches the reproductive organs of another, or performs any physical contact to engage the other person sexually, they must have CONSENT. Commonsense is pretty clear that this is so. The problem is, no state speaks definitively about what consent actually is……. leaving the police, judges, prosecutors, defense attorneys, and the public with no guidance, and only a few restricted ways to hold sexual predators accountable.
COVID 19 has forced domestic violence victims to isolate with predators who prey on them, This reality has caused legislators to take emergency measures to support services that provide sanctuary to victims. But still, they overlook the fundamental cure to preventing domestic violence from happening in the first place,….. the clear and simple recognition of “consent” that will hold offenders accountable!
Defining consent makes police action mandatory in sexual abuse cases because an obvious, blatant crime is taking place. An officer who fails to take action is aiding and abetting in the commission of a crime.
Until we #CodifyConsent in our laws, abusers, attackers, predators, and rapists have the upper hand, while victims are left at their mercy and denied their 14th amendment right to equal protection under the law.
Contact your legislators! Your vote is your voice! Only vote for candidates who pledge to #CodifyConsent in our laws!
Want to help conquer sexual assault and domestic violence?
On October 6th, the Legislative Interim Study Committee on Consent in Indiana, comprised of 14 Indiana legislators, and led by Representative Wendy McNamara, proved that legislators give lip-service to the problem of sexual assault, but fail to produce meaningful solutions.
In spite of protests by three legislators from both sides of the aisle, McNamara insisted on filing her committee’s report with NO support for a consent bill. She even refused to include any mention that the committee would continue to research and work toward a solution.
According to The Statehouse File.com from Franklin College, McNamara said: “I don’t think we necessarily gleaned from testimony that we need a definition as a state. I’m not prepared at this time to say we in essence recommend that we have to have a definition.”
Apparently, we need to ask Representative McNamara- “How does an obscure concept of CONSENT possibly convey an understanding of rape to the residents of Indiana? And how do you expect sexual predators to be held accountable when you, as a law maker who your constituents have entrusted with protecting them, knowingly fail to define consent in Indiana’s laws?”
In the upcoming election, voters should be deeply concerned with supporting candidates who fail to pledge to #CodifyConsent. The people of Indiana will know how their candidates stand on this issue because CAN will be tweeting every candidate over the next few weeks. And you, no matter what state or jurisdiction you live in, should do the same….. #WillYouCodifyConsent?
The Consent Awareness Network placed the need for a consent definition in Indiana right in front of the committee members’ noses.
In fact, the launch of the committee’s efforts began with a video we submitted, featuring Weinstein Survivors, Mimi Haley and Tarale Wulff, like this one. Their testimony included the fact that the jury asked for the definition for consent, and that because New York state also fails to define consent in its penal code, the judge simply replied, “Use your commonsense.”
Does McNamara actually believe that each jury should make up their own definition for consent, or should they decide the case based on the evidence presented at trial? How does making up their own definition serve society’s right for the equal protection under the law granted by the 14th Amendment of the United States?
Here’s why legislators turn a blind eye to defining consent in our laws:
Centuries of horrifically ignoring sexual sanctity are so engrained in our penal codes that legislators are tone deaf on changing the laws.
Our laws recognize that consent is freely given, knowledgeable and informed agreement #FGKIA when protecting your property, your medical decisions, your identity on the internet, and countless other things. But the need for applying that same concept to protecting a woman’s body is treated as absurd and unimportant.
Our forefathers, many of whom had horrific records of indecent sexual conduct, fashioned laws with no regard for women, and still do so even though sexual assault can affect men as well. But there are far more voting males who are covert sexual predators, then the amount of voting male victims of sexual assault. To legislators, votes matter!
It’s baffling how law makers rely on the opinions of the legal establishment to determine what harms their constituents suffer.
Behaviors are and should be crimes because of the harm they inflict on society; not the ease or difficulty to prosecute in a court of law. Law makers put more stock in what the legal establishment says about prosecution than what their constituents actually need for protection.
The Consent Awareness Network has engaged in efforts to secure appropriate “Consent” language in penal codes in several states including MA, PA, AK, UT, NY, IN, TX, SC, and more. Each legislator we spoke with is clear that consent is freely given, knowledgeable and informed agreement, #FGKIA, but in each and every state, the legislative reliance on the legal establishment is creating an impasse to securing appropriate protections for society.
Lawmakers did not have to ask permission from the legal establishment to determine what constitutes murder. We all know that the pre-meditated killing of another human being is a crime. The US Department of Justice Statistics tells us that only one third of violent crimes actually lead to an arrest. Despite the difficulty pursuing murderers, we still recognize what murder actually is. Despite the difficulty pursuing sexual predators, our laws must correctly state that consent is freely given, knowledgeable and informed agreement, and that nonconsensual sex is a crime!
Call your legislator. Demand that they #CodifyConsent in your state. If you’d like CAN’s help securing correctly defined “consent” in your penal code, contact us at info@ConsentAwareness.net.
Once our lawmakers get CONSENT right, the legal establishment will have to prosecute or defend sexual assault cases according to the law. Reliance on the legal establishment to create the law is like the tail wagging the dog! In this case, it’s a very complacent, cavalier dog that thinks society won’t recognize how complicit they are in enabling rape.
Stop the ignorant nonsense. Demand that legislators #CodifyConsent today!
Defining CONSENT in our laws is the critical key to conquering sexual assault, and the legislators of Indiana are examining the definition for this pivotal word for Indiana’s penal code….. RIGHT NOW!
Defining consent in one state, opens the doors to defining consent in every state and jurisdiction across the US and around the world, no matter where the process starts!
The late Ruth Bader Ginsburgs’s words never rang truer than today: “Nothing changes without changing our laws!” You can be part of this monumental, transformational change!
Like every other state throughout the US, Indiana currently fails to define “consent” in its penal code.
Indiana’s legislature has empanelled a legislative study committee to research and file their report on October 6th. Your letters and phone calls to members of the study committee can help this vital effort succeed.
You will find the email addresses and phone numbers below for each member, as well as a model letter to use as-is or modify to your liking.
Viewed by each legislator:
CAN’s video, “Defining Consent in Indiana,” which contains comments from Weinstein Survivors Mimi Haley and Tarale Wulff, launched Indiana’s interim study on September 15th.
The correct definition for “consent” that CAN has introduced is endorsed and supported by Model Penal Code, Nuremberg Code, and General Data Protection Regulation:
Consent is Freely Given, Knowledgeable and Informed Agreement. #FGKIA.
Failing to include the actual, and appropriate definition for consent in penal codes enables rape mentality and puts every man, woman and child at risk for sexual assault and rape. In the Weinstein and Cosby cases, each jury asked for the definition. Each judge answered- “Use your commonsense.” This same discussion takes place in practically every rape trial.
All victims are entitled to equal justice under our laws. Only when we #CodifyConsent can we establish a consistent definition for judges to convey to each jury in order to hold sexual predators accountable and secure equal justice for all. Defining “consent” makes unlawful sexual conduct crystal clear to each and every member of society.
Please use the list that follows to write and/or call today, and bcc Info@ConsentAwareness.net so that we can track the volume of responses on this important issue.
If you would like for CAN to help you begin the process of defining consent in your jurisdiction, write to us at info@ConsentAwareness.net.
Dear Senator _____ or Representative ______:
Thank you for your efforts, as a member of Indiana’s Legislative Interim Study on Consent, to #CodifyConsent in Indiana’s penal code.
Defining consent as the freely given, knowledgeable and informed agreement that it is, will not only protect generations of men, women, and children, but will also serve as a blueprint for appropriate sexual assault laws in additional states and jurisdictions.
No matter how the offender conducts a sexual assault, the victim has a right to equal justice under the law. Only by providing a consistent and correct definition for consent can justice be meted out with an equal hand and can society clearly understand what constitutes a sexual assault.
I look forward to your support for a bill, recommended by your committee, to define consent in the penal code of Indiana.
List of Legislative Study Committee Members and Their Contact Information
On September 15th, Indiana Representative Wendy McNamara headed a legislative study on CONSENT. One of the presenters, Samantha McCoy from RISE spoke about a case in which the victim was denied justice because she waited a year to take action. The officer told her “The most important piece to reporting is the timeline.”
The reporting timeline affects cases even when the victim reports within the statute of limitations.
Denial of justice is common
In the Harvey Weinstein case, his defense introduced testimony from an expert witness on how memory degrades over time. She ignored the fact that in rape, or other traumatic contact, memories are indelibly seared into the mind. This phenomenon explains why Dr. Christine Blasey Ford could recall details of Brett Kavanaugh’s attack but he, himself, remembered nothing. In a drunken stupor, his behavior, which contained no trauma to him, failed to register in his memory.
After suffering the defiling trauma of rape, many victims simply want to avoid all thought about the incident to restore “normal.” It takes hard work and effort to come to terms with what happened. Overcoming the onslaught to one’s self esteem, destruction of trust, and all the physical and emotional wounds that were inflicted, takes an effort of huge magnitude.
Often, when victims feel ready to pursue justice, our system of justice denies access because the aggrieved is considered to have degraded memory. Here’s the solution…..
Write it down and send a LETTER to SELF!
No matter whether you feel ready or willing to step forward, those feelings can change over time. Preserve your right to be taken seriously by emailing, to yourself, a detailed account of the events. The closer to the date of the actual incident you do so, the greater the acknowledgement you will gain down the road from those in authority. Be sure you hang onto this email by filing it permanently in your system.
Trauma scatters your memory. The neuropeptides and hormones that protect your psyche and your body can veil factual awareness from entering your brain in a linear way. One of the reasons the reports of rape victims are treated as “suspect” is because their concepts fail to initially take a linear track. If, however, you write down your account, for your own eyes, you will go through the linear thought process that enables you to assemble the jumbled pieces.
Whether you ultimately decide to go forward with reporting or not, the ability to package your trauma into a document you can file and to revisit as you desire, will help you stop struggling with the memories. It allows you to literally put those memories on the shelf and move past them.
Today is a very special day. Today, we wear the color teal because it’s the day we devote to taking action to prevent sexual assault. And even though we’ve all been put on pause, there is still much we can do to bring the scourge of sexual assault to its knees!
For many people- Sexual Assault Awareness Month (SAAM) begins today. But for those who have been sexually assaulted, #SAAM is an everyday occurrence. While we all find ways to put the past behind us, and make the most of our lives, the defilement of rape is character changing. It lives within us forever.
Friday- 3/20- According to the Associated Press- Toledo plastic surgeon, Manish Gupta, who also practiced in Michigan, was indicted for sex trafficking 20 female victims by force, fraud or coercion, and one count of illegally distributing a controlled substance. His case made front page news with the News-Herald, the Detroit Free Press, and the Sentinel Tribune. And 24News WNWO covered the story.
Can our first “CAN” College Chapter, Consent Awareness Network, be in the offing at Wagner College?
Yesterday, through the efforts of Wagner College Professor Patricia Moynagh, I had the honor of speaking to a group of intelligent, enthusiastic, Wagner students and faculty. Aided by my Swiss cheese umbrella, I explained the failure of a justice system fraught with legal loopholes, and why society needs our legislators to #CodifyConsent.
Their questions ran the gamut from “How does drunkenness impact fault?” to “Does tacit consent count: can consent be inferred without it being vocalized?”
Wagner is an educational gem perched at the highest geographic level of NY City. Its lofty location delivers an uplifting view of New York Harbor, the magnificent skyline of Manhattan, and the Statue of Liberty.
Lady Liberty provides a noble reminder of the freedoms we all deserve here in the US, including freedom from harm and justice for all. What a magnificent backdrop from which to launch a transformational change to protect every student’s sexual sanctity and provide justice for survivors!
Here’s how you can make a difference…..
If you are a student, faculty member, part of administration, or have another educational affiliation at any school, contact me to start a CAN chapter. Your mission could include fighting for appropriate sexual assault laws, appropriate regulations for your school’s Code of Conduct, and building a base of advocates to assist sexual assault victims so they do not have to navigate the system on their own.
Want an easy way to talk with your kids about “consent?” This engaging cartoon explains consent in terms every child can readily understand. Don’t worry, it’s not about sex! It’s about the simple things kids encounter everyday. It’s perfect for kids aged 6 through 12.
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!
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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.
None of the states or territories of the US properly define “consent” in their laws. 76% of the states and territories of the US have NO provisions for consent in their penal code. 24% have provisions that poorly define consent and only make prosecution possible in a small amount of cases. Here are the three largest obstructions that keep lawmakers from adopting correct consent laws, right out of their own mouths: Continue reading 3 Roadblocks that Prevent Prosecution for Sexual Assault→
It’s become pretty obvious why we have so much sexual assault in the US. It’s because our law makers enable it! We need to overcome this hurdle.
Since the beginning of time, consent was, is, and always will be the same…… freely given, knowledgeable and informed agreement…… even though, throughout the US, our laws fail to define consent properly. Failing to “define consent properly” contributes to rape.
Ridiculous excuses that prevent our laws from protecting us abound. Opposition stems from the ignorance of people with rape mentalities and law makers who want their votes, whether they have a rape mentality or not. All the road blocks come down to the same thing……
“If we recognize what consent actually is….. too many people will go to jail.”
But if a person defiles another person, a harm that can forever impact their entire journey through life, shouldn’t there be prohibitions and penalties against doing so? And doesn’t that victim deserve justice?
Laws change morality!
Generation after generation believed that enslaving another man, woman or child was acceptable behavior. People were barbarically ripped from their families and transported by ship to our shores to be marketed for sale in plain sight. It took changing our laws to stop that grotesque cannibalization of humanity.
Until we stop tolerating the omission of fact in our laws and in our minds, that no one has the right to touch another human being without their freely given, knowledgeable and informed agreement, sexual assault will continue unabated in the US. It’s that simple.
We can whine and complain.
We can create all the hashtags social media can absorb.
We can parade all the high profile offenders we can locate in the press.
The only thing that will stop sexual assault is a law that clearly states what consent is: freely given, knowledgeable and informed agreement. #FGKIA!