Assemblyman Troy Singleton (D-Mount Laurel) has introduced a controversial measure that would change the law in New Jersey to criminalize lies used to get someone to have sex. While such lies are notorious but common elements in many pickup situations, Singleton calls such acts as “rape by fraud.”
We recently discussed the federal law, later struck down, to criminalize lies about military honors. At issue was the the Stolen Valor Act — legislation that I have previously criticized (here and here) as a threat to the first amendment. In United States v. Alvarez, No. 11-210, the Court held 6-3 that it is unconstitutional to criminalize lies. Justice Kennedy was joined by the Chief Justice, Justice Ginsburg, and Justice Sotomayor in holding that the Act violated protected speech. They were joined by by Justice Breyer and Justice Kagan concurring but arguing for an intermediate scrutiny standard. Here is the opinion: 11-210d4e9
Singleton seems to want to try to test that line again by moving from lies about military service to lies generally used to get someone to have sex — though the two are often both involved in the classic pickup line at a bar.
The bill (A3908) is poorly drafted and would likely fail on vagueness grounds before even addressing the free speech and association issues. The law covers “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.”
“[R]epresented he is someone he is not”? What on Earth does that mean? Singleton is equally opaque in defending the law by saying “You probably would not consent to someone who purported to be a million different things other than they are.” That would presumably include lying that you are single or separated from your spouse.
Tort law already creates a cause of action for lies that result in harm from sexual encounters, including a long list of STD cases. Moreover, there are a few states that have criminalized lies related to sex but not as a form of rape.
Under this law, the liar could be imprisoned for 10 to 20 years in prison.
I have long been a critic of the criminalization of America where millions of citizens are finding themselves labeled as felons for acts that used to be treated as strictly civil matters. The result is that everything is being translated into a criminal offense. This is a far more serious subject than some of the past targets of criminal laws (here or here). However, there remains the question of how we are changing our society by translating all misconduct into crimes rather than allow such cases to be handled in the civil liability system. Even if there is a need for such criminalization, this is not the bill. It is both ill-conceived and poorly drafted. It would be facially unconstitutional in my view in its current condition. The question is where to draw the line between the mildly deceitful on one hand and the criminal on the other. It would also vary widely on whether the other party believed the lie or whether a reasonable person would have discounted it. This law seems to criminalize the junction where the gullible meets the boastful. It would put juries and courts in the unenviable position of defining when a boast is a lie and when a lie was the determinative factor in two people having intimate relations.
Singleton holds a B.S. Rowan University in Business Administration and served previously as Assistant to the Executive Secretary-Treasurer of the Northeast Regional Council of Carpenters. He is the Vice Chair of the Committee on Tourism, Gaming and the Arts.
Source: CBS
This is going to need one heck of a public service announcement on college campuses.
They are already requiring guys to stop at every stage and get a signed and notarized consent. They already went way beyond simply requiring that a partner be sober enough to make good decisions and the obvious “no” talk. Unless it is an older female with a boy, in which case she can subjugate him and later sue him for child support, regardless of whether or not he said no.
DBQ:
All those women who lied about their age will now be arrested for rape by fraud.
Honey, I only said it was a Cadillac, I never said it was a late model Cadillac.
Honey, when I said may income had a lot of zeros, I never said there were any numbers to go in front of the zeros.
“And there I was, yep there I was,,,,,,,,in the Congo.
“I know how you feel.”
“Yeah, I hate that too.”
“Yeah, I love that too.”
“Yeah, she’s so obtuse.”
“Yeah, anything over a handful is, well, nice to have to have.”
Well, OK, he could have been a Republican, dam. Well, if my wife reads this, I am not only going to jail, but broke. But, she told me she could play tennis and on our first date…. A lot of guys and gals are in trouble.
Doggone Nick, you’re a nasty guy sometimes… I know that is what everyone was thinking… but sheesh… Plus his glasses only make it worse.
Perhaps women should be forbidden from wearing makeup, tweezing their eyebrows, wearing contact lenses, getting their teeth straightened and bleached, dying their hair, getting permanent waves (if they still call it that) wearing bras, wearing spanx, getting a boob job or nose job. The list can be endless here.
All of those things are lies too.
Does this mean that men can file charges for rape by fraud when their wives lied about loving football or going fishing when they were dating? Or lied about their debt? Or past relationships? Etc.
Because fair is fair . . .
I hope every woman he’s ever dated comes forward and shares any lies he ever told them.
I just read about this yesterday.
If you find out your partner lied to you, that makes your whole relationship rape by fraud. So . . . if he lied about:
1. Liking opera
2. Liking your parents
3. Loving You
4. Finding you attractive
5. If he was cheating on someone else
6. If he cheated on you
7. If he lied about the importance of his job
8. If he lied about begin a good provider
9. If he lied about his debt
10. If he lied about wanting a serious commitment
11. Liking cats
12. What if you meet online and the photo he posts is from 15 years ago
I mean the list is infinite. These are typically reasons why people break up. Pretty much the vast majority of guys in a bar or dating site are lying to one degree or another. So, basically, unless the first man you date is your husband, every consummated relationship is rape by fraud.
We already let people out of prison in CA due to overcrowding. How will we ever contain the entire male population?
My God! There are helpless female victims everywhere! No one has any responsibility to vet who they’re dating or check their story!
I find this demeaning to the real victims of rape, which is a terrible crime.
Karen – let’s get real here. How many brides have dieted to get into their wedding dress? Isn’t that a lie? That is not the real them. And just ask a woman about the number of previous sexual partners she has had? Think you are going to get an honest answer? What if she lies about her educational background? Or her job? Or her name?
This whole thing is fraught with danger. Danger, Will Robinson! Danger!
Politician looking for a cause so that he can pad his “legislative resume”.
A solution looking for a problem.
Let me guess; this guy actually fell for the “bar of soap” line.
So, how far does this go? If you compliment the woman, and you are lying, does that fall under this new law? I like your dress? etc. This could be endless. And could it work both ways? Women are more aggressive towards men now, are they liable for rape under this statute? And do “beer googles’ count?
This is nuts. What next? You will need a notarized affidavit of fact about you and your previous sexual history and a witness present in order to have sex.
No wonder young men are not interested in getting into relationships and want to play video games. I don’t blame them.
One reason of many why this country is in such poor shape in terms of our representative democracy: bad representatives. He should include language in the bill to criminalize lies used to get elected.
Uh Ohhh, does that mean we have to tell the truth about job, car, where we live and telephone number?
Where do these people come up with this stuff. Evidently he bought some guys line, hook line, and sinker. He’s probably upset because the phone # he got doesn’t exist.
Bailers, I think, as long as you didn’t tell her you were Ryan Gosling, I think you’re OK.
I’d be in trouble then. I told my (now wife) that I like the Notebook while we were dating. In reality I just liked watching Rachel McAdams.
This guy is just pissed he never got laid telling women he’s Urkel.