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Wednesday, November 26, 2014

Newly Proposed Law in New Jersey: If You Lie to Someone That You are About to Have Consensual Sex With (That’s Right NO Force, Threat or Intimidation AND No Drugs or Alcohol in the Equation) You Could Be Charged, Convicted and Imprisoned for Rape, Don’t Forget Being Labeled a Sex Offender!


I am at a loss for words….. have we really lost all common sense in America?

I believe with this proposal we have.

We need to blame everything and everyone for our own actions and decisions, and the laws that have been rewritten over the last 20+ years pretty much allow us to get away with just that!

Mary
 

New Jersey lawmaker introduces bill to criminalize 'rape by fraud', November 25, 2014

Conniving Casanovas, beware: A New Jersey lawmaker wants to make lying for sex punishable by charges of rape, creating the crime of “sexual assault by fraud.”
 

Assemblyman Troy Singleton, D-Burlington, introduced the bill this month and defined the proposed crime as an “act of sexual penetration to which a person has given consent because the actor has misrepresented the purpose of the act or has represented he is someone he is not.”

Singleton, who could not be reached for comment Wednesday, told NJ.com he decided to introduce the bill after speaking with Mischele Lewis, of Florence, who was duped into giving $5,000 to her boyfriend, William Allen Jordan, of Cherry Hill, for what he claimed was security clearance connected to his job as a British military official. Jordan, a serial bigamist and scam artist, pleaded guilty earlier this month to defrauding Lewis.

“I truly believe that we have to look at the issue of rape as more than sexual contact without consent,” Singleton said. “Fraud invalidates any semblance of consent, just as forcible sexual contact does. This legislation is designed to provide our state's judiciary with another tool to assess situations where this occurs and potentially provide a legal remedy to those circumstances.”

Singleton said he’s open to refining the bill, which currently doesn’t consider sexual assault by fraud any less serious than other types of sexual assault already on the books. Depending on “circumstances surrounding the act,” the crime could be a first-degree or second-degree crime, punishable by up to 20 years and 10 years in prison, respectively.

"The punishment aspect, that part we didn’t touch,” Singleton told NJ.com. “The prosecutors and the judges and the jurors would be able to use discretion.”

Author Joyce Short took on the subject of “rape by fraud” in “Carnal Abuse by Deceit: How a Predator’s Lies Became Rape,” claiming she was deceived for years by a man who is now her ex-husband.

“When you are told lies of identity, you’re basically having a sexual relationship with a person who is a total stranger,” Short told CBS New York. “He lied about his marital status, he lied about his education. He said he had a bachelor’s in accounting from NYU and was, in fact, a high school dropout.”

Sex by fraud is reportedly already a crime in at least five states, including California and Tennessee, while some jurisdictions like Alabama consider it a lesser offense than rape.

Some critics of the proposed legislation say it should be a matter of personal responsibility, not a case for local prosecutors.

“She or he should do their due diligence and check the guy out,” Mark Harris told CBS New York. “If he or she isn’t what they say they are, then move on.”

One prominent New Jersey attorney who has previously represented defendants accused of sexual assault said the bill is far too broad and likely won’t pass a constitutional challenge.

“What if a man were to say to a woman ‘I love you’ and engage in sex and he really didn’t love her? It could be as simple as that,” attorney Alan Zegas told NJ.com. “The definition is so broad that it doesn’t put the citizens of the state on fair notice of what it is that constitutes the crime.”


Lying to a Lover Could Become 'Rape' In New Jersey, November 25, 2014

Today in criminalize all the things: a New Jersey lawmaker wants to make it illegal to lie to someone in order to tempt them into sex. Assemblyman Troy Singleton's (D-Burlington) bill would create the new crime of "sexual assault by fraud", defined as "an act of sexual penetration to which a person has given consent because the actor has misrepresented the purpose of the act or has represented he is someone he is not."

"I truly believe that we have to look at the issue of rape as more than sexual contact without consent," Singleton said. "Fraud invalidates any semblance of consent just as forcible sexual contact does. This legislation is designed to provide our state's judiciary with another tool to assess situations where this occurs and potentially provide a legal remedy to those circumstances." 

No no no just no: we do not need a legal remedy for people having bad judgement. Is it a shame that some people misrepresent themselves to get people to sleep with them? Sure. But not every aspect of social and sexual relationships can be a matter for government concern. What's next, making it a misdemeanor to use outdated photos on your Tinder profile? Criminalizing push-up bras? Throwing people in jail who say they'll call the next day but don't? 

The situation Singleton says spawned his proposal involves Mischele Lewis, a woman defrauded by a man claiming to be a British military official. The pair had sex and Lewis also paid the man, William Allen Jordan, $5,000 for an alleged security clearance. When Jordan turned out to be a scam artist, Lewis pressed charges and he wound up pleading guilty to defrauding her. Justice served, right? Not in the warped worldview of New Jersey prosecutors, who apparently can't stand the idea that some areas of interpersonal dynamics aren't within their prosecutorial reach.

The state originally wanted to charge Jordan with sexual assault by coercion—a charge a grand jury refused to indict him on. Now it seems Singleton has stepped in to try and ensure they won't be disappointed again. His proposed crime of sexual assault by fraud would be punishable by 5 to 20 years in prison. Singleton said he wants to allow for judicial discretion because "we don't want unintended consequences."
But giving the state broad discretion to adjudicate lies between lovers would yield a hotbed of unintended consequences, not to mention the (obviously intended, yet despicable) consequence of furthering the creep of law enforcement into all areas of our lives. Furthermore, it's not necessary to broadly criminalize deceiving someone into sex to hold people accountable in cases like a recent notorious one in California, wherein a man snuck into a sleeping woman's room after he saw her boyfriend leave and sexually penetrated her. The woman awoke, assumed it was her boyfriend, and went along with it until she saw the man, at which point she fought back and fled. The man was legally liable for starting sex with her while she was asleep and thus unable to consent—i.e., committing rape, no extra statute needed. 
"Rape-by-deception" has been "almost universally rejected in American criminal law," according to Yale Law Professor Jed Rubenfeld. Yet it's "a live and intensifying issue." In 2010, Massachusetts tried to pass a bill criminalizing having sex with someone after "having obtained that person’s consent by the use of fraud, concealment or artifice"; it was rejected. California passed a rape by fraud law in 2013, following the case described just above. Tennessee also prohibits all "intercourse induced by deception, accomplished by fraud, and obtained by ruse," as do Alabama and a handful of other states.