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
Girl you missed your calling if you know what I mean
Oh, this deserves another Irish Poem, this one slightly risque, sooo read it at your own risk, ‘kay?
All That Clitters???
An Irish Poem by Squeeky Fromm
Poor Singleton yelled and cried “Fraud!”
On a dude who was dressed like a broad.
‘Cause he got fooled by “it,”
What he thought was a clit!
And the biggest one he ever sawed!
Squeeky Fromm
Girl Reporter
Squeeky Squeeky Sqwawked
@Paul C. Schulte. disambiguation is a word in my book
Wasting time of the state legislature’s schedule, I would expect more pressing needs than this.
Another example of pet peeve legislation.
Darren – just so you don’t think this is a complete waste of time, in the late ’50s the Montana legislature (which only meets every other year) spent two weeks deciding if teachers of one-room schools were responsible for cleaning the outhouses. They weren’t. However, they closed before they set a day time speed limit for the highways in Montana. So for 2 years there was no day time speed limit. It was heaven. 🙂
I agree that, as written, this bill is ambiguous. I think that he is trying to get at a misrepresentation of one’s identity, i.e., an impersonation — that would be different than telling a woman that you really like opera, ballet, or long walks on the beach in order to convince her to have sex (or the converse, a woman who purports to love football, when she really does not).
Many years ago, I was told that I look[ed] a lot like Eric Clapton.
So, I guess if I picked up a woman and convinced her to have sex with me by telling her I was Eric Clapton, I would be violating this proposed law.
But if I didn’t actually _say_ I was Eric Clapton, but, instead, (using my excellent blues skills on the guitar) simply demonstrated that I was a really good guitarist (who happened to look like Eric Clapton), would that be a violation?
What if the woman said, “Eric, have sex with me right now?” Would I have to tell her, “My name is not Eric.”? What if she said, “I have always wanted to have sex with you, Eric Clapton?” and then proceeded to have sex with me?
Would it be a defense that I really don’t look that much like Eric Clapton? That no reasonable person could believe under the circumstances that I really was Eric Clapton?
Don’t talk about it. Pick up that ax and show us what you got.
If he is too good to be true, get a background check.
And forthwith, all makeup is hereby outlawed as false advertising! Police officers will accompany all dates, ready to pounce on men the moment they either inflate their own importance or feign interest just to spend time with a girl.
Karen – so I suppose I have to take that stocking out of my crotch, too.
Clearly, a wave of idiocy is flowing through our society.
“Clearly, a wave of idiocy is flowing through our society.”
Yes, but we will be very, very safe.
Teji Malik
You got it 🙂
I revoke my 5th amendment rights because this is just the stupidest thing I have ever heard and I want more transparency in the bedrooms. I want to see just exactly what I am getting and what is real and what is not real
happypappies – I appreciate your courage in the bedroom and do hope you do it cold sober. 😉
Paul C. Schulte – I appreciate you appreciate my courage of finely sheathed steel in the bedroom that is always greeted with much honesty, reality and
disambiguation of frozen ardor
Singleton is suing his blow up, it seems.
Singleton’s probably just ticked about his own bad experience trying to pick up that hot gal in a bar while his wife was away, and it turned out she was a he!
“All those women who lied about their age will now be arrested for rape by fraud.”
But…but….I thought you said I was the only one????
I invoke my 5th Amendment right to not testify on the grounds that it may incriminate me on this matter of anything said to a woman. 🙂
Grunty little malebeasts!
Hmmm. Like women need a law to tell them that MEN LIE like dirty dogs!!! Duh! If their lips are moving. . .Totally unnecessary! LOL! However, this is some good material for an Irish Poem!!!
Plenty Five, or Six, or Four???
An Irish Poem by Squeeky Fromm
Oh, Heaven protect us from grinches!
Who criminalize lies to wenches.
All those transparent lies,
About weenies and size. . .
Gee, we knew it was never nine inches!
Squeeky Fromm
Girl Reporter
Squeeky – ‘does this dress make my butt look too big?”
Democrats want the government in your bedroom.
How about a law to criminalize politicians that lie? 10-20 years for saying you can keep your doctor when he knew you couldn’t. 10-20 years for saying they oppose going to war then take us to war. Now that is a lying bill I could support.
Mr SINGLEton has never flirted it seems or perhaps has been rejected many a times. This may be the reason he wants to make ‘whistling’ a fraud.
The cosmetic industry and the plastic surgery industry are going out of business. Both would qualify as false advertising. I had a friend who for the first 5 years of their marriage would get up before her husband to get her makeup on so he would never see her without it. I have another friend who just had permanent eyeliner tattooed on. They both might just as well turn themselves in right now.
I would so bring popcorn and take video at the courthouse all day.
This would be so hilarious! I imagine the judge would suddenly get hauled off in cuffs when his own wife brought charges.