If you lie to someone to make them sleep with you, new law makes it considered rape | Welcome to Linda Ikeji's Blog

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Tuesday 25 November 2014

If you lie to someone to make them sleep with you, new law makes it considered rape

I know some men will find this ridiculous but it's a bill being introduced by a male lawmaker in NJ. It's called 'sexual assault by fraud' and if passed, I'm sure a lot of men & women will be charged...lol.

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.

_MG_7333.jpgJoyce M. Short is the author of "Carnal Abuse by Deceit: How a Predator's Lies Became Rape" 
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:

snowflix said...

Hehehehehehehehe.... I laugh in swahili #onelovefromSnow#

Anonymous said...

That is very good now am gonna sue my ex for lying Lol ndibaby33@yahoo.com

ihuoma said...

Lolz

Unknown said...

There's a big difference joor

OMG!WOMAN said...

I am a woman and it still sounds ridiculous

Anonymous said...

Dat wil b nice

Anonymous said...

Someone by the name is Egghead Odewale comes to mind.

Mr_decency said...

Story 4 d girls.
Heartz_2luv@yahoo.com

Princess R said...

Story for the Gods...... Not in Naija!!!

Anonymous said...

Abegi....Make we hear word jor. Na today pple start to lie about who them be?

Eddy Mycky said...

Lol, ok

Unknown said...

It is rubbish cos there is some form of concession unlike in rape where there is no concession. Make d lawyer go sleep

Anonymous said...

Should Be Done In Lagos..... Lol

Cynhams Cakes, Abuja. said...

Hmmmm, lets see what the guys will say.

Toronto Finest said...

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

Unknown said...

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.

ujunwa said...

Very nice step

Anonymous said...

Mitchew rubbish # bright bravo#

Anonymous said...

Guys, beware.....pedrotoki80@yahoo.com

@MEETD®EALEVANS™ said...

Toronto's dirtiest@ tk Note

Bunny said...

Ok na. Nothin we no go hear. We'll soon have to sign undertaking including referees before any show. Na wetin rapist dem want

Unknown said...

a.k.a EDWIN CHINEDU AZUBUKO said...
.
We dont need this ryt nw.....
*GLO BRING 3G TO KONTAGORA*
.
.
***CURRENTLY IN JUPITER***

Unknown said...

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

ary said...

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!

Anonymous said...

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)

Anonymous said...

Owk....welkumd iyanufemi2@gmail.com

Anonymous said...

Story for the Gods... The person wey gree make d Man/Woman fuck am should also be charged for Greed.#LS

Unknown said...

Shebi its in New Jersey not 9ja..Ehen

Anonymous said...

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?

ukbliss said...

Dt will be nice

Jaychoc.tv said...

Bring This To Nigeria And Many Of My Guyz Will Be Jailed! #Haha

I will Buy You Shawarmah, Fly fIRST cLASS tO dUBAI .. #AllNaLie

OBINNA JAMES said...

The best thing for a greedy girls is lies and deceit.

mzmaris said...

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

#kokomistress# said...

A beg make dem make dis kind law for 9ja.. Lol

Unknown said...

Hmm. How can you prove that someone lied to you apart from orally claiming the person lied.

Anonymous said...

Not hear in 9ja... Coz here yhu call it oshofree..

Unknown said...

Seriously?? Really??? Since when... Lol. Doesn't make sense onyimadusommy@gmail.com

Unknown said...

Na lie no b rape na ur choice

chukwuka Nwachukwu said...

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

Laszlo said...

Very very ridiculous...

Anonymous said...

Mak una mak beta law joorrrrr.add on bbm 22c44063

Unknown said...

lol

ibeakwadalam said...

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?

love said...

Not in Nigeria

Anonymous said...

Or you are married and claim you are single so a girl can date you.

Unknown said...

With dis law...new prison needs to be built

eviliciouspepe said...

It doesn't make any sense jo, just keep your legs closed until you get married.

Chop Chop said...

women are the most practicing fraudsters in that aspect.

Anonymous said...

The man is insane

Ikponwa

mzmaris said...

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

Unknown said...

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.

Anonymous said...

Oh really?.....hmmm
**vianson**

Anonymous said...

#Gbam

Anonymous said...

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.

Unknown said...

Hahahahahahaha! The prison no fit take errbody sef

Okoro said...

Hehe, girls now be like "there's a law o, u cant go scot free"

Anonymous said...

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

gabriel Okotie Smith said...

Story story! Story.

Unknown said...

Wretched rat! Sure u dnt even hav papers yet......stiL hiding in ur uncle's place. Mumu

Anonymous said...

Nweeindam Marshall;works with "SHELL' ph probably as a labourer..should be arrested for this

Unknown said...

Funny and interesting

Anonymous said...

But why we go add you for bbm...just give us one wise reason

APPLELIPX said...

Hian!!!!

Poetryman said...

If you can put some politicians in prison, it might be worth it!

Loveth said...

Its good like that o . Thank God

DEguebe said...

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

King Fahad said...

BULLSHIT

Unknown said...

I wish is in Naija...cos our men here can lie even when u caught him red handed

Anonymous said...

ALREADY IN OUR CONSTITUTION

cad&kraft said...

Really,i am guilty.God forgive me

Anonymous said...

Those who wear fake boobs and butt will rot in jail. Rapists lol

Anonymous said...

Huh? It's all twisted...


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RUKKEE!!! said...

Nigerian Lawmakers can copy anything abroad but PLEASE dnt copy this one oh!! Dnt spoil men's market the way u did to Ponmo####

Anonymous said...

Of cos u ll call it rubbish. Idiot! Fake life idiot like u! Y won't u be in trouble. Imbecile!

Anonymous said...

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

Anonymous said...

That means Bonario naggs will be jailed .....

He deceives women to have ..sex... Sorry,,I meant ........prayer meeting .......

Anonymous said...

jobless,retarded lawmaker

Anonymous said...

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

Mac10 said...

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...

jbankzE said...

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~

Anonymous said...

'I love you' - wham gbam etc!
Love turns sour!
RAPE!
How many times? Countless my Lord!

Anonymous said...

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...

Unknown said...

Nothing sweet ladies like lies
The moment you tell them lies, they begin to love you more.

Anonymous said...

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

Anonymous said...

Lolz I lik it chimmynene@yahoo.com

Anonymous said...

This is a joke please stop it


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Amycool said...

it's not rape

NATURAL FIX said...

I guess ladies that use too much makeup are in trouble. LMAO..

DOS said...

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

APPLE said...

Nah him be say many Nigerians go rot for jail be that.hehehe.

Anonymous said...

gods*

Anonymous said...

@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

Unknown said...

Lol na so

Naijarian said...

So, a girl tells you she's a virgin, only for you to discover that she's like the lagos/ibadan expressway..

Anonymous said...

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.

Anonymous said...

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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