[Mentavious]

Link

Quote:

Imagine this: A man woos a woman to bed with tales of his riches, fast cars and a vacation home in Monaco. But he actually lives in his mother’s basement.

Or this: A seemingly wealthy widow convinces a younger man to sleep with her on the notion that they may marry and he’ll inherit her money. In reality, she’s broke.

In both cases, someone lied about his or her status in order to have sex with someone else.

Under a bill recently proposed by a south Jersey lawmaker, such actions would not only be considered dishonest. They could prompt charges of rape.

Earlier this month, Assemblyman Troy Singleton (D-Burlington) introduced the bill (A3908), which would create the crime of “sexual assault by fraud,” which it defines 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 decided to introduce the legislation after talking to Florence resident Mischele Lewis, who had been duped into paying $5,000 to her boyfriend, Cherry Hill resident William Allen Jordan, for what he claimed was a security clearance. Jordan said he was a British military official, but it turned out he was a serial bigamist and scam artist who pleaded guilty to defrauding Lewis on Nov. 10.

Prosecutors had initially tried to charge Jordan with sexual assault by coercion, but a grand jury refused to indict him on that charge.

“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.”

As written, the bill doesn’t consider sexual assault by fraud any less serious than other types of sexual assault that are already on the books. It could be a first degree or second degree crime depending on “the circumstances surrounding the act,” punishable with 10 to 20 years in prison in the former and 5 to 10 years in prison in the latter.

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

Singleton said that he’s open to refining the bill so it’s not abused.

“It’s my intention, as the bill is moved through the amendment process, to ensure that while we allow for judicial discretion we don’t want unintended consequences,” he said.

The issue of “rape-by-fraud" is the subject of a new book by New York City resident Joyce M. Short, who said she married a man who lied about his age, marital status, education and military service, among other things.

Short, who has met with Lewis, said, “(Jordan) hadn’t threatened her. Quite the contrary. He had seduced her. But he had seduced her through a hoax, through a fraudulent means. And just like Bernie Madoff is in prison because he stole money from people by defrauding them, someone can vitiate your knowing consent by defrauding you in order to have sex.”

Short said that one of the main objections people have to the idea of sexual assault by fraud is equating it with violent sexual assault.

“My response to that is there are many ways to sexually assault a person. Violence is one of them. And there are no words that can come to relating the horrible violation of a person when that happens to them,” Short said. “But we should not look asunder. We should not simply cast away the concept that people are defrauded of sex.”

According to a memo by the Office of Legislative Services written at Singleton’s request, at least five states – Tennessee, Alabama, California, Colorado and Montana – have some sort of crime for sex by fraud. In Alabama, it’s a lesser offense than rape.

Alan Zegas – a prominent New Jersey criminal defense attorney who has represented many defendants accused of sexual assault – said the Singleton’s bill is far too broad and probably would not survive 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,” Zegas said. “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.”

Yale Law Professor Jed Rubenfeld in a 2013 article for the Yale Law Journal said that “’Rape-by-deception’ is almost universally rejected in American criminal law,” but that it shouldn’t be because “courts have held for a hundred years in virtually every area of the law outside of rape, a consent procured through deception is no consent at all.”

Rubenfeld said that in many states that do have statutes on rape by fraud, it’s only if the perpetrator impersonates the victim’s spouse or dupes the victim into having sex for medical reasons. But Rubenfeld said that’s because the case law is based on an outdated definition of rape that wasn’t really about the victim’s consent, but about her virtue.

“Rape law’s exclusion of almost all sex-by-deception claims followed from the fact that in such cases the woman had willingly had non-marital sex. Though deceived, she had willingly surrendered her virtue and thus could not claim rape,’” Rubenfeld wrote.

This could be groundbreaking..

[BLarsen]

So, when a woman lies about being on the pill in order get pregnant and then gets a payout (either from the dummy who didn't wrap it up OR the government) what will they be charged with?

[Deuce Anna Half]

I wonder if makeup, heels, body shapers, etc, falls under "deception".

Do you know how many times I went to sleep next to Gabrielle Union and woke up next to Whoopi Goldberg? Do you understand how traumatic that is?

[lskdfjldsf]

Quote:

“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.

Cool, this means we can sue our girlfriends when they get comfortable in the relationship and start to put on weight.
They always do it through this long-term optical illusion process, adding maybe 1-2 lbs. per week, so our eyes won't notice.

If pictures of her before the relationship and during the relationship (4-6 weeks later) don't match up, fraud rape.

[Dr. Howard]

Holy shit. I jumped onto this thread to say something like "Ok stop trolling us with rape hysteria OP" but...its a real pierce of proposed legislation?! If fraud is rape, spanx are the new date rape drug, as is makeup and fake tits.

[Parlay44]

All the $35k millionaires are shaking in fear

[kmhour]

this is a backdoor to criminalizing any form of regret. exaggerate your resume and you'd better hope she doesn't have second thoughts the next morning. "but he said he was basically a partner and he's only an associate!!"

[philosophical_recovery]

#GoldDiggingWhoreCulture

[Dr. Howard]

(11-24-2014 02:49 PM)Parlay44 Wrote:  

All the $35k millionaires are shaking in fear

In addition to having a 'yes means yes' consent form, dudes are also going to have to present 3 years of tax returns.

[Sturmgeist]

Quote:

Under a bill recently proposed by a south Jersey lawmaker, such actions would not only be considered dishonest. They could prompt charges of rape.

Earlier this month, Assemblyman Troy Singleton (D-Burlington) introduced the bill (A3908), which would create the crime of “sexual assault by fraud,” which it defines 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.”

Jersey gonna Jersey.

[Sonsowey]

Of course there is no chance a woman will ever face penalties under this law for any lies.

She will claim emotional distress and probably get 100K from a kickstarter to write a book about how she was so strong to overcome this difficult episode.

[Alpha_Romeo]

Anyone living in NJ willing to become a test case for the woman who lies about her age?

[Ingocnito]

Everything crime is an offshoot of rape and all crimes that can't be classified as rape are now terrorism.

I guess every single woman is a rapist then. next.

[Sonsowey]

One time a girl said she had a great time after we banged, but then she never returned my calls.

Fraud Rape!

[Ingocnito]

"So you work at a bar? Do you own it or something?"
"Maybe, maybe not.." Bang.
"Wait you don't own the bar you're just a bartender? RAPE!

Holy shit is this getting carried away.

[Dusty]

Seems to me this law is in violation of the first amendment.

[TheWastelander]

(11-24-2014 03:47 PM)Dusty Wrote:  

Seems to me this law is in violation of the first amendment.

They tried to make lying about military accomplishments and awards a crime and that was struck down by the Supreme Court.

http://en.wikipedia.org/wiki/Stolen_Valor_Act_of_2005
http://en.wikipedia.org/wiki/United_States_v._Alvarez

I don't see how a law like this, if passed, could withstand a court challenge but anything's possible.

[Sonsowey]

"OMG THAT TAN ISNT REAL?!?!?! RAAAAAAAAAAAPE"

[Menace]

How are they going to prove that the consent was because of the allegedly fraudulent misrepresentations, and but for those promises, sex would not have occurred? This is effectively trying to shoehorn some kind of implied warranty into human beings. Also, they need to be careful what they wish for, because this isn't some college campus policy, this is state law. It would have to be absolutely gender neutral or it would be unconstitutional under the 14th amendment, notwithstanding that it's also probably void for vagueness.

[Deuce Anna Half]

Aww man, do you know how many girls I banged that swore they were "soooo freaky in bed" but ended up being dead fish? Or told me they were 25 when they were 30? I've been raped more times than I can remember!

[Tim in real life]

Typical Joisey Twash; shenanigans like this is the reason why people diss New Jersey. Now, I'm gonna swear off Jersey Girls altogether.

[poutsara]

Quote:

A man woos a woman to bed with tales of his riches, fast cars and a vacation home in Monaco. But he actually lives in his mother’s basement.

Quote:

A woman attracts a man to bed with makeup, tight clothes, and a wide-eyed innocence. But she actually is older, wears "spanx", and is not at all innocent.

Who is telling the truth? Neither.

[Days of Broken Arrows]

"The issue of “rape-by-fraud" is the subject of a new book by New York City resident Joyce M. Short, who said she married a man who lied about his age, marital status, education and military service, among other things."

Ironically, he didn't like about height.

That said, this is a good lesson in the way women think. Call it "elementary school teacher" mentality: one guy lied to her, so now the whole class needs to be punished.

The United States is becoming the Middle East in reverse, where women have all the rights and men's rights get smaller and smaller.

[duedue]

Guys, I'm telling you. A day will come in which all heterosexual sex will be banned unless it is performed in special "Sexual Violence Containment Facilities" with a group comprised of rape specialists and women's rights activists watching the transaction from another room. Something like that Harry Potter movie in which an evil female teacher becomes the head of the school and declaires that boys and girls are not allowed to get closer than 8 inches to each other.

Sounds too far fetched? Read Alan Zegas's opinion on the proposed law once again.

P.S. "assault by fraud"? WTF?

[Saweeep]

The world has gone mad.