Vote "yes" to Legislation #3908, Sexual Assault By Fraud
This petition had 485 supporters
Countless lives are ruthlessly harmed by offenders who defraud their victims of sex. In New Jersey, Assemblyman Troy Singleton has introduced a law to stop this heinous crime. This bill needs your support!
Every person's body is sacrosanct and inviolate. No one has the right to undermine "knowing consent" to conduct sex they, otherwise, would not get. Doing so defiles the victim, creates gross depression, PTSD, and can lead to suicide. It's a covert and insidious form of sexual assault!
What constitutes the crime of sexual assault?
Violence is one way to overwhelm a victim for sex, and is widely known as rape. But it's not the only tool a rapist will use to undermine a person's self determination over their body.
Doping and intoxicating, or sex with someone who can't consent because they're incapacitated, are other ways to circumvent consent. Coercing is another. Penetrating someone who is under the age of consent or lacks the mental ability to give consent are others. And defrauding a victim is yet another.
Sexual Assault by Fraud Violates Widely Known and Accepted Legal Premises
The ItsOnUs Pledge endorsed by President Obama specifically states that "Non-consensual sex is sexual assault."
Model Penal Code indicates that "Consent is INEFFECTIVE if induced by force, duress or deception." And this language is clearly stated in New Jersey's Penal code.
Basic legal doctrine defines fraud as:
- The offender lies
- They know they are lying
- They intend for the victim to believe their lie
- The victim believes their lie.
- The offender makes off with the valuables of the victim (based on 1-4.)
Sexual Assault by fraud applies when the offender lies about the nature of their act, their intent, or their identity.
Nature of the act: If a doctor indicates he is inserting a medical instrument but penetrates with his sexual organ instead.
Intent: A person describes sexual relations as monogamous while juggling multiple sexual partners.
The offender uses "False Personation" to describe character traits that don't exist such as name, marital status, education, age, military service, etc.
The offender pretends to be an accepted sex partner of the victim such as a husband, wife, or fiance.
Personal responsibility and the law
We're not asking for Sexual Assault by Fraud law to relieve sexual partners of personal responsibility. People who randomly engage in sex with strangers are taking a risk that should not be covered by this statute. "One-night stands" conducted on the spur of the moment, in haste, with no due diligence, should be exempt. Rather, rape by fraud law should, as in all criminal law, require significant proof and personal responsibility. Sexual Assault by fraud law is to protect victims from being harmed by offenders who go to great lengths to mask factual characteristics and thwart the victim's reasonable due diligence.
Appearance enhancements should be exempted
Either a person is physically attracted to someone's appearance or not. Visual impressions should not be covered by Sexual Assault by Fraud law, particularly those that are removable.
Sexual Assault by Fraud penal code will thwart sexual predators from spreading life-altering, communicable illness!
The law would prevent offenders from masking illnesses and inhibit their spread to unsuspecting victims. Creating false documentation or lies about health issues should constitute a sexual hoax.
The Crime of Fraud Is Not About People Changing Their Mind After the Fact
No fraud victim knows that a crime is being committed at the moment it occurs. But defrauding someone of assets and valuables is a crime even though the victim discovers they were harmed after the deed took place. We would not acuse the victim of a money hoax of simply changing their mind when significant proof indicates that they were defrauded. It is up to a court to determine whether or not a crime was committed. For most people, nothing is more valuable than the sexual sanctity of their body. No one has the right to rob a victim of sex by false pretenses, just like no one has the right to rob a victim of other valuables by false pretenses.
Internet sites create wide access to the dating pool, making it easy to embroil victims in elaborate schemes. Sexual predators will often support their lies with an additional online presence. But even offenders who locate victims in other ways, are capable of scamming their targets.
In the UK, the police department recently paid damages of over $600,000 to a woman who was scammed by an undercover spy, Robert Lambert. They had sanctioned his behavior. In New Jersey, Mischele Lewis was conned by convicted pedophile, William Allen Jordan, for both sex and money. He was convicted of robbery by fraud, but the Prosecutor saw no statute in NJ Penal Code to enable a charge of sexual assault to stick. The same scam that robbed Lewis of self determination over her money, also robbed her of self determination over the sexual regions of her body.
When significant proof exists of sexual assault by fraud, the violator should suffer the consequences. Society needs this valuable protection!
More information can be located at no cost at http://www.StopRapeByFraud.com.
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