One day in February 2017, Abigail Finney, a freshman at Purdue University in Indiana, fell asleep in her boyfriend's dormitory. In the dark night, he clung to her body, her hand touching her chest, and they began to make love.
2017年2月的一天，印第安纳州普渡大学(Purdue University)大一学生艾比盖尔·芬尼(Abigail Finney)在男友的宿舍睡着了。漆黑的夜里，他紧贴着她的身体，手抚摸她的胸部，他们开始做爱。
Not long after, she stopped to go to the bathroom. When she came back, she was horrified to find that she was not a boyfriend with him.
Is this a rape?
Finney thought, so the police, the police arrested the 19-year-old imposter Donald Grant Ward. Ward is a friend of her boyfriend. He admits that he is deceiving Finney; he is charged with two counts of rape, with a term of 3 to 16 years.
芬尼认为算，于是报警，警察逮捕了19岁的冒名顶替者唐纳德·格兰特·沃德(Donald Grant Ward)。沃德是她男友的朋友，他承认知道自己在蒙骗芬尼；他被控两项强奸罪名，刑期3至16年。
Finney's family contacted Joyce Short. Schott is an activist who has been sexually assaulted and is in charge of a website called ConsentAwareness.net. The 70-year-old Schott hopes to establish a universal rule that clarifies that consent is “voluntary, understanding, and informed consent”. This sounds obvious, but it is not the case because there is no universal definition of “informed consent” in the United States. Every state is different, and some are not defined at all.
Most people think that all types of identity can be counted as informed consent, said Short, who wrote three books on this topic and gave a TedX speech. "But it is not the case." Short believes that gaining sex through deception is not the same as violent rape, but it should be a D or E felony, a one to four year imprisonment and a $10,000 fine.
Short said that there is a clear distinction between informed consent and assent. “Informed consent means 'voluntary, understanding, and informed consent.' The endorsement means 'superficial consent'. So when someone lie to you, you may seem to agree on the surface, but you are not You know, don't know. You can agree and agree, but that doesn't mean you have informed consent."
For example, in Missouri, "if it is caused by force, coercion or deception, then approval does not constitute informed consent." In Tennessee, if there is "intrusive sex through deception...", it is considered rape. In Alabama, if consent is obtained through fraud or fraudulent means, it is a misdemeanor and is classified as "irregularity."
In some states - not including Indiana - if you pretend to be a spouse or partner, you will be considered a deceitful rape. This also applies to those who abuse medical privileges, such as Larry Nassar, a team doctor for the American women's gymnastics team, who tells patients that touching their genitals is medically necessary. He was sentenced to 40 to 175 years in prison.
Concealing HIV-positiveness is also a crime in the United States, although states have differences in concealing other sexually transmitted diseases, such as herpes.
“Gender Fraud” – the misrepresentation of the potential partner’s gender at birth – is still in the grey zone. In 1996, Sean O’Neill of Colorado was sentenced to gender fraud. Since 2012, five people in the UK have been convicted of this crime.
Although there are laws to prevent "catfishing", which is the act of impersonating others on the Internet, Brad Shear, a lawyer in Bethesda, Maryland, specializing in privacy and cybersecurity law, said They tend to focus on identity theft for profit or fraud.
But what if there is no economic benefit? It depends on where you live. In some states, "If you pretend to be a person, such as Tom Brady, and another person agrees to have a sexual relationship based on this, it may be considered a sexual assault," Hill said.
In April 2015, in Iowa, Michael Kelso-Christy, 23, created a fake Facebook account with the name of a man who had been in the same high school. He used this name to send letters to a number of women. A woman really agreed to meet him at her house. At his request, she was blindfolded at home. They had a sexual relationship and then he left. Not long after, his Facebook account disappeared and he stopped sending letters to her. At that time, the woman realized that he was an imposter, and reported to the police.
After Kelso-Christie’s appeal, Chief Justice Mark Cady finally ruled that the woman won the case, pointing out that Kelso-Christie deprived her of her “free choice to inject vitality into our sexual abuse statutes. '". He was sentenced to 10 years in prison.
But in many places, the law is still ambiguous.
Some people are worried about the landslide effect of cheating behavior legislation, because how to distinguish it? If a woman is dating two men at the same time and they don’t know each other’s existence, is this a deception? Or if you give Botox to the crow's feet, then say a age below the actual age, or say "I love you" for a sexual relationship rather than a sincere heart, what? In 2014, after a man who falsely claimed to be a British spy made a woman pregnant, New Jersey filed a fraudulent infringement bill. But failed to pass.
In February 2018, Donald Ward was acquitted and cleared the case in the Indiana case. His lawyer, Kirk Freeman, argues that lying and deception do not constitute rape. In January of this year, the legislators proposed two bills to increase the definition of deception in the Indiana rape law and to define any sexual act without consent. Neither of the two proposals entered the hearing process.
This did not prevent other legislators in other states from trying to solve this problem. Given the Finney case in Indiana, South Carolina Democratic Party member Mandy Powers Norrell proposed her own fraud rape motion, which should be submitted for discussion in the coming months.
这并未阻止其他州的其他立法者尝试解决这一问题。鉴于印第安纳州的芬尼案，南卡罗来纳州民主党议员曼蒂·鲍尔斯·诺雷尔(Mandy Powers Norrell)提出了她自己的诈骗强奸议案，应该会在未来几个月里提交讨论。
“Most states have 'forced kidnappings' and 'fraud kidnappings,'” Colin Miller, a law professor at the University of South Carolina School of Law, who drafted the bill. Say. "The former is kidnapping. Fraudulent kidnapping is like lie to me and lie to me to go somewhere. This is the same thing as deceiving rape. If someone pretends to be someone's boyfriend or spouse, they think they have gotten with this person. Informed consent for sexual relations, this should be fraudulent rape, and fraudulent kidnapping is a truth."
“大部分州都有‘强行绑架’和‘诈骗绑架’，”参与该议案起草的哥伦比亚南卡来罗纳大学法学院(University of South Carolina School of Law)法学教授科林·米勒(Colin Miller)说。“前者是绑架。诈骗绑架是比如我通过说谎，骗他们随我到某地。这和欺骗强奸是一回事。如果有人假装成某人的男友或配偶，他们认为他们得到了与此人发生性关系的知情同意，这应该是诈骗强奸，和诈骗绑架是一个道理。”
SCHOTT hopes that this bill will be passed. “No one should be sexually tempted by being tricked, deceived, coerced, violently suppressed, prescribed, or drunk,” she said. “Everyone has the right to decide who they have sex with, based on their knowledge of the act itself, and a clear, informed understanding of the subject.”