The legal confusion around rape by fraud or impersonation in different US states

In the United States, the legal definition of rape varies from state to state. This is especially true when it comes to rape by fraud or impersonation, which is not always considered a crime. This was made clear in the case of Donald Ward, who climbed into bed with a young woman at Purdue University and engaged in sex with her, tricking her into thinking he was her boyfriend. Despite admitting to the deception, he was acquitted of rape due to the laws in Indiana.

This legal confusion can be traced back to outdated concepts about consent and the concept of chattel. In ancient Rome, rape was only considered a crime against a virgin daughter of a taxpaying citizen, as she was her father’s property. This concept survived in the United States until the end of the Civil War, when anti-slavery laws were created. However, these concepts continue to influence modern laws.

The impact of chattel is still seen in modern laws around sexual assault. In some states, rape by fraud or impersonation is not a crime, while in others it is a felony or a misdemeanor. In Idaho, for example, pretending to be someone’s husband is a crime, but pretending to be their boyfriend is not. This inconsistency shows how the concept of chattel still shapes our laws today.

Outdated concepts about consent also play a role in this legal confusion. While some states have adopted model penal codes consent provision, which states that consent is ineffective if induced by force, duress, or deception, this definition still does not provide a clear understanding of what consent actually means. The word “ineffective” tells us what consent is not, but not what it is.

This lack of a clear definition of consent has serious implications for survivors of sexual assault. It can make it difficult to hold perpetrators accountable and can also lead to victim-blaming. The solution to this issue is clear: we need a specific definition of consent in our laws that guides behavior and holds perpetrators accountable.

Overall, the legal confusion around rape by fraud or impersonation in different US states highlights the need for clear and consistent definitions of consent in our laws. It also shows how outdated concepts about consent and the concept of chattel continue to shape our laws and influence our understanding of sexual assault.

The limitations of the “non-consensual sex is sexual assault” pledge

The It’s On Us pledge that states “non-consensual sex is sexual assault” is an important step forward in raising awareness about sexual assault. However, this pledge has limitations, as it does not provide a clear definition of what constitutes consent. Understanding the meaning of consent is essential in order to truly address sexual assault and hold perpetrators accountable.

Consent is not just a simple agreement, but rather it is freely given, knowledgeable, and informed agreement. This definition is often referred to as FGKIA (freely given, knowledgeable, and informed agreement) and it distinguishes consent from other types of agreement, such as assent and acquiescence.

Assent is agreement on the face of it, but it is not necessarily freely given, knowledgeable, and informed agreement. For example, Larry Nassar, the doctor for the US women’s gymnastics team, pretended that he was medically treating his patients when he touched their private parts for his sexual pleasure. His patients may have agreed to his actions, but they were not knowledgeable and informed, and therefore their agreement cannot be considered true consent.

Acquiescence is agreement under duress. When someone induces sex through fear, that person is not freely giving their agreement. In the case of Harvey Weinstein, his victims were concerned about their careers and in fear of what he could do to eliminate their career. This fear made it impossible for them to freely give their agreement.

It is important to understand these distinctions in order to truly understand what consent is and what it is not. This is essential in order to hold perpetrators accountable and to provide justice for survivors of sexual assault.

The limitations of the “non-consensual sex is sexual assault” pledge demonstrate the need for a clear and specific definition of consent in our laws. Some states have adopted model penal codes consent provision, which states that consent is ineffective if induced by force, duress, or deception. While this is a step in the right direction, the word “ineffective” still does not provide a clear definition of what consent is.

In order to truly address sexual assault, we need a definition of consent that is clear, specific, and easy to understand. This will help survivors to understand what their rights are and will help to hold perpetrators accountable for their actions.

In conclusion, the limitations of the “non-consensual sex is sexual assault” pledge demonstrate the need for a clearer understanding of what consent is and what it is not. Understanding the difference between consent, assent, and acquiescence is essential in order to truly address sexual assault and provide justice for survivors. We need to continue to work towards a clearer and more specific definition of consent in our laws.

The role of deception in sexual assault, including fraud in the factum and fraud in the inducement

Sexual assault is a heinous crime that can take many forms. While some sexual assaults involve violence or the threat of violence, others involve deception. In fact, deception can be a particularly insidious form of sexual assault because it can be difficult to detect and prevent.

Two forms of deception that can lead to sexual assault are fraud in the factum and fraud in the inducement. Fraud in the factum occurs when someone is deceived about the nature of the sexual act itself. For example, if someone is tricked into believing they are engaging in consensual sex when they are actually being raped, this is fraud in the factum.

Fraud in the inducement occurs when someone is deceived about the identity of the person they are having sex with. For example, if someone pretends to be someone else, such as a partner or spouse, in order to engage in sexual activity, this is fraud in the inducement.

The impact of sexual assault on victims, including defilement and the undermining of self-determination

Sexual assault can have a devastating impact on victims. In addition to the physical trauma of the assault itself, victims may experience a sense of defilement - a feeling of being dirty or contaminated. This sense of defilement can undermine a victim’s self-worth and lead to a range of psychological problems.

Sexual assault can also undermine a victim’s sense of self-determination. When someone is sexually assaulted, they are robbed of their agency and their ability to make choices about their own body. This can leave victims feeling powerless and vulnerable.

The need for a specific definition of consent in laws to guide behavior and hold perpetrators accountable

Given the devastating impact of sexual assault on victims, it is clear that we need better laws to protect people from this type of violence. One key component of these laws is a clear and specific definition of consent.

Consent is more than just agreement; it is freely given, knowledgeable, and informed agreement. This means that in order for sexual activity to be considered consensual, all parties must be aware of what they are agreeing to and must be free to make that choice without coercion or deception.

Without a clear definition of consent, it can be difficult to hold perpetrators accountable for their actions. The “non-consensual sex is sexual assault” pledge is a step in the right direction, but it is not enough. We need laws that clearly define what consent is and what it is not, in order to ensure that perpetrators are held accountable for their actions.

In conclusion, deception has a significant role in sexual assault, and it is important to recognize the different forms it can take. Victims of sexual assault may experience defilement and a loss of self-determination, underscoring the need for stronger laws and protections. A clear definition of consent is essential for creating a culture of respect and preventing sexual assault.

The Role of Me Too and Time’s Up in Bringing Attention to Sexual Assault

In recent years, the Me Too and Time’s Up movements have brought much-needed attention to the issue of sexual assault. These movements have encouraged survivors to come forward and share their stories, and they have highlighted the need for greater awareness, education, and legal protections for victims of sexual assault.

The Me Too Movement

The Me Too movement began in 2006, when activist Tarana Burke used the phrase “Me Too” to raise awareness about sexual violence and support survivors. The movement gained widespread attention in 2017, when actress Alyssa Milano encouraged women to use the hashtag #MeToo to share their experiences of sexual assault and harassment. The movement quickly went viral, with millions of people sharing their stories on social media.

The Me Too movement has been instrumental in bringing attention to the prevalence of sexual assault and harassment, particularly in the workplace. It has also spurred changes in laws and policies, with many states and companies adopting new regulations to protect victims and hold perpetrators accountable.

The Time’s Up Movement

The Time’s Up movement was founded in 2018 in response to the Harvey Weinstein scandal and the broader issue of sexual misconduct in Hollywood. The movement aims to provide legal support to victims of sexual harassment and assault in the workplace, and to promote greater representation and diversity in the entertainment industry.

Since its founding, Time’s Up has raised millions of dollars to support legal defense funds and advocacy organizations. The movement has also helped to bring attention to the ways in which sexual harassment and assault intersect with issues of race, gender, and class.

Using Writing and Poetry as a Form of Healing

One of the ways in which survivors can cope with the trauma of sexual assault is through writing and poetry. Writing can provide a safe space for survivors to express their emotions and experiences, and can be a powerful tool for healing and recovery.

As mentioned in the video script, the speaker turned to writing poetry as a way to cope with the defilement she experienced as a victim of sexual assault. Her poem “My Consent” emphasizes the importance of freely given, knowledgeable, and informed agreement, and encourages readers to advocate for the adoption of FGKIA into law.

Taking Action

Me Too and Time’s Up have done much to raise awareness about sexual assault and harassment, but there is still much work to be done. One way that individuals can make a difference is by contacting their legislators and advocating for the adoption of laws and policies that protect victims and hold perpetrators accountable.

The adoption of FGKIA into law, as mentioned in the video script, is one important step that can be taken to provide a specific definition of consent in sexual assault cases. By using their voices and taking action, individuals can help to create a safer and more just world for survivors of sexual assault.

Conclusion

Sexual assault is a pervasive problem that affects countless individuals around the world. While movements like Me Too and Time’s Up have brought attention to the issue, there is still much work to be done to prevent sexual assault and hold perpetrators accountable.

One area of confusion in the legal system is the concept of rape by fraud or impersonation, which varies in legality across different US states. This is due in part to outdated concepts about consent, such as the idea of chattel ownership, that have persisted through history.

It’s important to understand that consent is not just agreement, but rather freely given, knowledgeable, and informed agreement. This distinguishes it from other types of agreement, such as assent and acquiescence, which can be confused with consent.

Deception also plays a significant role in sexual assault, with fraud in the factum and fraud in the inducement being specific types of sexual assault by deception. Victims of sexual assault can experience defilement and a sense of loss of self-determination over their bodies.

To combat sexual assault, there is a need for a specific definition of consent in laws that guides behavior and holds perpetrators accountable. One possible definition is FGKIA, or freely given, knowledgeable, and informed agreement.

Survivors of sexual assault can find healing and expression through writing and poetry. It’s also important to take action by contacting legislators and advocating for the adoption of FGKIA into law. Together, we can work towards a world where sexual assault is no longer a pervasive problem.