Find the report from nj.com below
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, state Assemblyman Troy Singleton (D-Burlington - pictured above) 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.
96 comments:
Hehehehehehehehe.... I laugh in swahili #onelovefromSnow#
That is very good now am gonna sue my ex for lying Lol ndibaby33@yahoo.com
Lolz
There's a big difference joor
I am a woman and it still sounds ridiculous
Dat wil b nice
Someone by the name is Egghead Odewale comes to mind.
Story 4 d girls.
Heartz_2luv@yahoo.com
Story for the Gods...... Not in Naija!!!
Abegi....Make we hear word jor. Na today pple start to lie about who them be?
Lol, ok
It is rubbish cos there is some form of concession unlike in rape where there is no concession. Make d lawyer go sleep
Should Be Done In Lagos..... Lol
Hmmmm, lets see what the guys will say.
Lol.. what rubbish.. I am sure 99.9 % of men lie to get a woman because most of these women need to be lied to... If that law is passed in Canada.. then I am personally in trouble lol
most hilarious post i'm reading today....and i might just make fp...lol
this cases wont fly even with women...because they want to be lied to...in a way!!! as they lie with their fake bums, tits etc.
Very nice step
Mitchew rubbish # bright bravo#
Guys, beware.....pedrotoki80@yahoo.com
Toronto's dirtiest@ tk Note
Ok na. Nothin we no go hear. We'll soon have to sign undertaking including referees before any show. Na wetin rapist dem want
a.k.a EDWIN CHINEDU AZUBUKO said...
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We dont need this ryt nw.....
*GLO BRING 3G TO KONTAGORA*
.
.
***CURRENTLY IN JUPITER***
I think dt guy needs his brain checked
Rape his aving canal knowledge with someoneof the same or opposite sex against his or her wish....
So I lied to u , have sex with u which u enjoyed and beg me for second round
U wee now go and say I rape u cos I lied
Thunda faya the law o
They had better go start building more prisons cos errbody is guilty of this crime
Yeye
This is utter BS!!! Then they should make laws against all forms of misrepresentations from fake boobs, ass, to transgenders. Because they are all a form of fraud!
A man deceived a lady that he wasn't married only for d lady to discover after he has slept wit her. That shud b rape by fraud. Lol (20yrs imprisonment)
Owk....welkumd iyanufemi2@gmail.com
Story for the Gods... The person wey gree make d Man/Woman fuck am should also be charged for Greed.#LS
Shebi its in New Jersey not 9ja..Ehen
Ok! But if she lied to sleep with me too? Fake makeup,yansh pad etc? then after she took off her make up etc and looks like a completely different person...CAN I SUE TOO?
Dt will be nice
Bring This To Nigeria And Many Of My Guyz Will Be Jailed! #Haha
I will Buy You Shawarmah, Fly fIRST cLASS tO dUBAI .. #AllNaLie
The best thing for a greedy girls is lies and deceit.
Sweet......like I always say, say what u want upfront...if it's against my value, I tell u so.......or curse u based on d manner u presented it........but @d end..no one get's hurt...#well except ur ego....but hey,,,,u can live with that
A beg make dem make dis kind law for 9ja.. Lol
Hmm. How can you prove that someone lied to you apart from orally claiming the person lied.
Not hear in 9ja... Coz here yhu call it oshofree..
Seriously?? Really??? Since when... Lol. Doesn't make sense onyimadusommy@gmail.com
Na lie no b rape na ur choice
e make sense but I think its story for d gods cos d prison will be too small to accommodate d volume of offenders.... #sirchux
Very very ridiculous...
Mak una mak beta law joorrrrr.add on bbm 22c44063
lol
How about suing pipul for longer throat?
A kini je a kini, a fini han je a fini han, e wo ti "ara oyo pele o" ni 'waju ile soun?
Not in Nigeria
Or you are married and claim you are single so a girl can date you.
With dis law...new prison needs to be built
It doesn't make any sense jo, just keep your legs closed until you get married.
women are the most practicing fraudsters in that aspect.
The man is insane
Ikponwa
So u agree it is a crime?....shouldn't all crimes be punishable?.....and here they r giving u a fair trial instead of an "acid wash"......but on a more serious note, as long as it is restricted to just sex.....cos i can lie to get whatever else I want..men r stingy
This law have been in existence in Nigeria since 1958. Though not expressly but implied. One of the ingredient, among others, that makes rape an offence is consent. Where the partner does not give consent, it is rape. However, where consent is obtained by fraud, deceit, inducement, duress, it is not consent at all.
Oh really?.....hmmm
**vianson**
#Gbam
i hope it also allows the victim to sued for prostitution? soliciting for sex for material or financial reasons, because its easy to play the victim when your initial reason for consent has been dash or better yet legalize prostitution on all levels let people be allowed to wear price tags on their body publicly (for iphone or house rent or even recharge cards as your case may be)as part of your clothing accessory and stop misleading the general public.
Hahahahahahaha! The prison no fit take errbody sef
Hehe, girls now be like "there's a law o, u cant go scot free"
God bless you oo. They should also make surgically enhanced faces a crime, and prostitutes dat before you sleep with them they'll promise you heaven on earth when you begin having sex with them it'll be like ur masturbating, and also those women wearing push up bras, waist trainers, corset, and even make up. Because make up dey deceive soo many men o
Story story! Story.
Wretched rat! Sure u dnt even hav papers yet......stiL hiding in ur uncle's place. Mumu
Nweeindam Marshall;works with "SHELL' ph probably as a labourer..should be arrested for this
Funny and interesting
But why we go add you for bbm...just give us one wise reason
Hian!!!!
If you can put some politicians in prison, it might be worth it!
Its good like that o . Thank God
This sounds great. But I am afraid, it's not gonna work. I feel it's an individual thing. MC BABA OLOYE SAYS SO VIA OPAEYIN AND ALOMBO
BULLSHIT
I wish is in Naija...cos our men here can lie even when u caught him red handed
ALREADY IN OUR CONSTITUTION
Really,i am guilty.God forgive me
Those who wear fake boobs and butt will rot in jail. Rapists lol
Huh? It's all twisted...
Add 2B5CB881 for Organic Beauty products
Nigerian Lawmakers can copy anything abroad but PLEASE dnt copy this one oh!! Dnt spoil men's market the way u did to Ponmo####
Of cos u ll call it rubbish. Idiot! Fake life idiot like u! Y won't u be in trouble. Imbecile!
2012...Some guy called Wole f*cked me almost 4times before I realised he ws a mere driver posin with 2 rides...Hmmm but he looked like a car owner....Wole God go still punish u sha..he can lie for africa..#linda
That means Bonario naggs will be jailed .....
He deceives women to have ..sex... Sorry,,I meant ........prayer meeting .......
jobless,retarded lawmaker
linda am a guy! Pls dey should bring d law to nigeria so i can sue all dis ugly ass gals dat would rub all d mary-kay in dis world to look beautiful only to wake up next to dem n ask urself.. ''was i drunk''
now dats rape by fraud!!! #tongueout
Maybe, one day, it'll be a crime to make flattery comments to a lady. There are more serious issues in d US that need urgent attention by their Lawmakers not d games players play. This will definitely be swept away. I call it TRASH!! Mac10...
Make dem sharrap dia jo n deal wif Daniel of Arinola case frst den we wil kw hw to start d second case
~@iamjbankz SA to President Jonathan 2015~
'I love you' - wham gbam etc!
Love turns sour!
RAPE!
How many times? Countless my Lord!
U are the one who needs your brain checked.... Half baked idiots that y u Africans don't move forward cos u don't think..... Did u read the case that made them being up this bill? But u just open mouth yarn nonsense.... Don't reduce it to ur level of just having sex.... When u lie about what u are not then dupe someone of a large sum and then commuting bigamy on top that's serious eesh.... And until we naijas start taking certaing things serious we will just be marking time in our justice system...
Nothing sweet ladies like lies
The moment you tell them lies, they begin to love you more.
Nigerians ignorant and myopic lot you are..... Did u all read the article and the case that made them pass this bill? Of course u all won't with your shallow ways of thinking.... See the stupid level u have reduced the bill too.... That's y the western world will keep going all to protect people's right while u ignoramuses will keep suffering..that's y women have no form of protection even from abuse, divorce and all kinds of stupid stuff men dish out.....u all go back and read the story again before making stupid comments
Lolz I lik it chimmynene@yahoo.com
This is a joke please stop it
SHOP ON DEALDEY
Greatest Battles!!! Part 1
His Grace- Part 1
Not Darkness - Part 1
it's not rape
I guess ladies that use too much makeup are in trouble. LMAO..
In the first place why should a woman allow herself to be deceived to sleep with a man? Meaning she has already made up her mind to do so..wooing or no wooing
Nah him be say many Nigerians go rot for jail be that.hehehe.
gods*
@anonymous 9:07 u are so right lol I want dis law implemented in Nigeria asap.......... well in Nigeria u can actually sue for "breach of promise to marry" if a guy/girl promises u marriage n defaults U can sue
Lol na so
So, a girl tells you she's a virgin, only for you to discover that she's like the lagos/ibadan expressway..
What a law? They should build bigger prisons or open more bank accounts... why? more than half of us will go to jail or go broke.
story.... wait till a guy tells you his wife is dead just to sleep with you... meanwhile his wife is alive and well...
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