Is Lying to Get Laid a Form of Sexual Assault?

Discussion in 'Dating and Relationships' started by OckyDub, Sep 7, 2016.

  1. OckyDub

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    Joyce Short was young and single, enjoying a thriving career on Wall Street, when she went out with some friends to a bar after work. She met a "very handsome, debonair young man" who seemed perfect for her: Jewish, single, with a degree in accounting from NYU. She would learn much later, after they had begun dating, that none of this was true. Now, she has a mission: she wants to show people the seriousness of what she calls "rape by fraud."

    "I am going to shout it from every rooftop," Short told VICE. "All lies that undermine a person's self-determination regarding their reproductive organs are a form of assault."

    Most of us have played with the truth or held back information about ourselves to impress someone—white lies, like "Yeah, I thought Interstellar was brilliant too!" or "What a coincidence, I also love winter hiking!" Short is not alone, however, in thinking that such lies can sometimes cross a line. And as the law stands in America, cases like Joyce's—in which someone deceives their partner to get them into bed—are not illegal.

    In 2013, Tom Dougherty, a philosophy professor at Cambridge University, published apaper arguing that if you lie or withhold information about anything that would be considered a deal-breaker by your partner—anything that, had they known it, would have changed their mind about sleeping with you—you have sexually assaulted them. The logic is simple: If your partner had known the truth beforehand, they wouldn't have consented, and the sex wouldn't have happened. Therefore, there was no consent. And sex without consent is assault. Fiona Elvines, of the UK national charity Rape Crisis, put this view bluntly to the Telegraph in 2014: "If you need to trick someone into having sex with you, you're a perpetrator."

    The deal-breaker view is based on the powerful idea that free and open consent is an absolute requirement for all sexual activity. President Obama has, for instance, launched the "It's On Us" campaign, aimed at teaching people that all non-consensual sex is assault. But for consent to be free and open, it seems that it should also be fully informed. That's the standard we hold people to in medicine and business—why not sex? As the Anti Violence Project at the University of Victoria explained, "Informed consent means that someone who is being asked for their consent has full information about what they are being asked to consent to." In other words, we should have all the information that we consider relevant before getting into bed with someone.

    Joyce Short wants us to go further than moral condemnation. "Lying to induce sex is not seduction, it's a crime," she told VICE. After her experience, Short has become vocal about the need to reclassify lying to one's sexual partner as a form of criminal sexual assault. Jed Rubenfeld, a professor at Yale, recently argued in the Yale Law Journalthat this view is the logical outcome of the importance we now place on fully-autonomous consent as a precondition to sexual activity.

    Some lawmakers agree. Today, American laws generally make two kinds of sexual deception illegal: cases where someone impersonates a person's partner (by sneaking into their bedroom at night, for instance), and cases where someone such as a doctor tricks a patient into thinking a sex act is actually some sort of medical procedure. Legislators in two states have proposed broadening the law to make it illegal, as Short thinks it should be, to deceive someone to get them into bed: An assemblyman in Massachusetts proposed such a law in 2008, as did a New Jersey legislator in 2014. Both proposals were defeated. However, as the national dialogue around sexual assault continues, there may well be similar attempts in the future.

    But others have concerns over the push to criminalize sexual deception. First, if we do make sexual deception criminal, it would give enormous power to police and prosecutors to regulate our sexual lives—for example, to draw the line when it comes to determining exactly what separates a white lie from true deception. "If we are going to invite the criminal justice system to adjudicate relationships, I don't think the result is going to be a good one," Kim Buchanan, a criminal justice researcher in Connecticut who has spoken publicly on the issue, told VICE.

    Second, if we move to prosecute sexual deception, those targeted will likely be people who are already vulnerable or stigmatized. It is revealing that in the United States, one very specific, additional form of sexual deception is aggressively criminalized and prosecuted: the failure to disclose one's HIV status to your partner. As the Center for HIV Law and Policy has documented, nearly every state has prosecuted people for HIV non-disclosure. No equivalent laws criminalize the failure to disclose diseases that are much easier to transmit, such as herpes. "There are no public health reasons to single out this particular deception," said Buchanan, who published a paper last May documenting the history of HIV prosecutions in the US.

    There have also been cases of people prosecuted for so-called "gender fraud"—lying about, or failing to disclose, their birth gender to sexual partners. Sean O'Neill wasconvicted of this in Colorado in 1996, and, while his case proved an isolated one in the US, there has been an upsurge of such prosecutions in the UK, with five people convicted since 2012.

    Consent must continue to be at the forefront of all discussions about right and wrong when it comes to sex. But as the problem of sexual deception—and the ire of victims like Short—shows, for American courts, many thorny problems remain to be solved when it comes to self-disclosure and sexual ethics.

    Is Lying to Get Laid a Form of Sexual Assault? | VICE | United States
     
  2. OckyDub

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  3. ColumbusGuy

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    Sorry but it was on her to do her homework to see if all of that was true. Such Third wave feminist bullshit. And just wait until it is a woman who 'deceives' and is brought up on charges...yeah right.
     
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    Of ALL the flavor's, you choose Salty!?!
    Rape by Fraud!?!
    [​IMG]
    Speaking of Fraud let's take off ALL the 8 layers of makeup, the 301's and 501 lashes, the hair extensions, the Peruvian bundle hair, the MAC nude lip 'Decay' gloss, the Victoria Secret Miracle push up bra, Wipe the contour off your upper 'imagined' cleavage, take off those heels and go to that same bar.
    [​IMG]
     
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  5. OckyDub

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    According to a feminist in the comments section to a gent who made this same comment...

    it is the man's responsibility to require the woman to remove her make-up, fake hair, push up bras, etc. to ensure that HE still wants to sleep with her.
     
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  6. alton

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  7. alton

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  8. ColumbusGuy

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    The appropriate answer given the article:

    And it is the woman's responsibility to require the man to provide the proof that he is what he says he is(such as being Jewish, single, and has a degree in accounting...exactly as in the original post)to ensure that SHE still wants to sleep with him.

    The utter lack of logic is amazing and astounding. Logical thinking goes out the window when one is only driven and blinded by dogma, ideology, and agenda.
     
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  9. Dreamwalker

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  10. Winston Smith

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    Once Clinton gets in, there'll be non-stop liberal dweeb privilege nonsense like this...everyone's a VICTIMMMMMMM!!!!!!!!!!!

    [​IMG]
     
  11. NikR

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    No. It's just lying.

    This is one of the reasons why I think HIV criminalization is so dangerous- once you criminalize it, and by the way, the huuuuuuuge proportions of black MSM in Maryland, GA, NYS, SC, LA and VA (look at the numbers people-it's bad) who have HIV, it's a stepping stone to the next thing. This is the next thing. It needs to be resisted.

    This is why the law is so important- new laws aren't made from scratch, they're built on precedent, and the blocks that came before it. Mission creep you say? I call it the law. That's my layman, non-lawyer's take on it.
     
    #11 NikR, Sep 7, 2016
    Last edited: Sep 7, 2016
  12. Lancer

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    Are you equating lying about being 'Jewish, single, with a degree in accounting from NYU' in a bar, something that when the truth comes out does not have a long time damaging effect to the receiver, to someone lying about their HIV status???
     
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  13. Winston Smith

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    Ahhh, law, my arena. But I'm just going to just consign because it's too early for a treatise, lol. Seriously @NikR is right and it's great to hear a doctor say this. We will never be able to realistically deal with HIV transmission and rates as long as we have this idiotic, puerile "Scatlet Letter" mentality in dealing with people who are positive and their social standing and daily lives. There's the rarities of some disturbed person who deliberately seeks to infect people with HIV, which ALWAYS grabs headlines, but doc raises a point; if you agree to have sex with someone, at what point do you take responsibility? Is HIV transmission better categorized as a tort on the part of the recipient (civil vs criminal damage)? The criminalization of HIV is the medical equivalent of categorizing black men as "super predator" ("super vectors"?)

    And on the original subject of "lying for sex" even the law differentiates among exaggeration and deception of various kinds, such as "puffery" ( in advertising, which I would compare to the bugaboo of "lying for sex" in the original topic) as opposed to other categories like perjury ( lying under oath) or the misprision of a felony, etc.

    Sorry, 5 am response, probably half coherent. As a side note, I keep forgetting the acronym "MSM" is medical speak for "men having sex with men". I use it for Mainstream Media. Which probably must make some of my responses in the parts head scratchers lol
     
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  14. NikR

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    No. That's not what I'm saying. I'm saying that you never really, really know anyone, so if you're having sex, you take a risk. Protect yourself accordingly. I think that using the law as a cudgel after the fact can have far-reaching implications that we sometimes don't even recognize until later. And once the precedent is set in terms of lawful disclosure...well, all bets are off. Where does it end?

    Also, doesn't "sexual assault by nondisclosure" somewhat dampen or dilute the power of a conviction for actual, honest-to-God sexual assault and rape? It almost feels like "you lied about something" cheapens/weakens the definition of sexual assault. Sure, it could be argued that this type of mission creep makes it more inclusive, but yeah....I'm not really buying into it yet.

    For clarity- everyone should share their health status before any sexual activity. But sometimes, it doesn't happen. Sometimes that's because of benign neglect. Sometimes it's something much more sinister. I'm not perfect with it. Neither are a lot of people. Using the law doesn't make these conversations easier- again, it's after the fact.
     
    #14 NikR, Sep 8, 2016
    Last edited: Sep 8, 2016
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  15. NikR

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    Also I realize now that I somewhat misfired on the stats. What I should have said was..DC, Maryland, Georgia, Florida, Louisiana, NYS, Texas in that order. Virginia is in the second tier. Sure, more correct that incorrect, but still, I wanna clear that up. Lifetime risk for everyone in these areas: 1/13 (!!!!!!), 1/49, 1/51, 1/54 respectively. The CDC recently said that at current rates, 1/2 black MSM will have HIV. I can't imagine 1/2 potentially being criminalized for nondisclosure (yes, with caveats!). It just seems...wrong. Again, more on HIV stuff later, in a different thread.
     
    #15 NikR, Sep 8, 2016
    Last edited: Sep 8, 2016
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  16. Jdudre

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    Just wanted to add that I agree with everyone this was not sexual assault. just poor judgment on her part
     
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  17. Winston Smith

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    Look forward to the new thread. That's what I'd like to see more expertise driven threads, like you or @African King doing medical and health, other members expressing their expertise, etc. That DC rate us shameful considering the number of degreed black gay men in this city. Guess that's why I put on my Unclockable Face the whole time I've been here. I'm actually surprised that back in Chicago the rates of black MSM HIV transmission are lower than DC. As a side note, the rates in a lot of white rural areas are horrible too; NW Indiana near Chicago shocked the hell out of me. Sadly, these same folk have been brainwashed against their own health interests in the name of conservatism, "the evils of national health", and making sure we keep "those people" off public assistance. Smh
     
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