Deceiving Your Sex Partner Would Be a Crime Under Bill Backed by New York Democrats

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Obtaining sex through deception, concealment, or artifice could violate consent. A group of New York lawmakers is trying to redefine consent in a way that would make it a crime to be less than fully truthful with sex partners. Under the new proposal, antics now considered merely caddish or immoral—like lying to a prospective sex partner about one's relationship status, social standing, or future intentions—would count as criminal sexual misconduct. Now in committee, Assembly Bill A —sponsored by Assembly Member Rebecca Seawright D—New York City and co-sponsored by three other Democratic lawmakers—would amend New York state's penal code to define consent as freely given knowledgeable and informed agreement that is obtained without the use of malice such as forcible compulsion, duress, coercion, deception, fraud, concealment or artifice. Sex through forcible compulsion is already considered rape in the first degree under New York law. The biggest change Seawright's bill would have is on the state's law against sexual misconduct. A person becomes guilty of sexual misconduct if he or she engages in sexual intercourse with another person without such person's consent; or he or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent. This could open the floodgates of criminal prosecution and civil suits involving any number of wrong but incredibly common situations among sexual partners.

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This work is an exploratory examination of the experiences, motivations, and coping mechanisms of women who are involved all the rage intimate relationships with registered sexual offenders. The study focuses both on women who were involved with an criminal prior to the commission of his offense and who stayed with him post-conviction, and on women who became involved with a registered offender afterwards his sex offense conviction. Like the offender himself, these women face a variety of challenges in responding en route for treatment of them by friends, ancestor, the community, and the criminal acceptability system. This work offers alternative approaches based on evidence and case studies and considers the significance of ancestral contact in buffering sexual recidivism. These women are the heretofore unstudied victims of sexual offending legislation.

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