Should Sexual Misrepresentation Be A Crime? Yes!

[sidneyworld]

If you live in any of the big cities, this happens more often that you can imagine. A man goes into a bar, perhaps with friends, has a few drinks, maybe looking for a little action, becomes engaged in a stimulating conversation with a "beautiful" woman, has a few more drinks with her, and before he knows it, she's blowing him in his car and he goes for third base and POW!! the woman has a penis.

Now seriously, many guys would claim that that would never happen to them. That they would know if a woman were a man. Perhaps that might be true in any other setting, completely sober, but that doesn't matter. Heterosexual males do not typically change gender preference no matter what condition they're in.

I've asked this question quite often and some of the guys said they would beat the shit out of the he/she under those circumstances. Some have reacted more violently, and of course some took it to an extreme level which ended up in murder, or at least manslaughter were it was not premeditated. More like a crime of passion. Imagine kissing a woman who is a guy? Imagine getting a bj from a woman who turns out to be a guy? I mean this is a primal instinct reaction to the ultimate deception. Gender relations. Can the victim be genuinely prosecuted given these circumstances? And should the deceiver be charged?

There are several issues here. Considering the nature of sexual relations with another person, something very personal, I truly believe that such a deception could be considered rape or at the very least sexual assault because whatever sexual act was performed on the unsuspecting individual they did not yet have the opportunity to completely confirm the gender of the other person, believing that they were in the right arena. Thus they only consented to having sex, some form of sex with what they were led to believe was a particular gender. Ethically, that individual should have disclosed their true identity no matter how badly they needed affection from the same sex. They knew that they would not have gotten that far with someone had they disclosed that information. That's to begin with.

Sexually Provoked: Recognizing Sexual Misrepresentation as Adequate Provocation
Bradford Bigler*
53 UCLA L. Rev. 783 (2006)

Research suggests that a serious sexual misrepresentation can spark an emotional firestorm in the deceived. But, as a matter of law, can this emotional firestorm be considered a reasonable heat of passion? In short, when may a killer assert the provocation defense given a serious sexual misrepresentation? The law currently addresses this question in a haphazard way. Despite the recurrent deception theme found in many provocation cases—such as those involving the concealment of adultery, sexual identity, or sexual health status—the law applies to these cases a patchwork of legal theories that masks the role of the deception in bringing about a reasonable heat of passion. This ad hoc approach leaves the provocation defense both doctrinally disconnected and normatively unappealing. This Comment thus proposes treating sexual misrepresentation as legally adequate provocation when (1) a defendant engages in a sexual act while reasonably deceived, (2) regarding a fact reasonably material to consent, and (3) the discovery of which would cause a reasonable person a severe mental or emotional crisis upon discovery.

* Editor, UCLA Law Review, Volume 53. J.D. Candidate, UCLA School of Law, 2006; B.S., United States Military Academy, 1999. The author is a Captain in the United States Army on active duty, and is studying under the Army’s Funded Legal Education Program, pending transfer to the Judge Advocate General’s Corps. The opinions expressed in this Comment reflect the views of the author only, and not the views of the Judge Advocate General or the Department of the Army.

Issue 53/3/2-1 | UCLA Law Review


Hate crimes against individuals should be taken seriously, absolutely! But there are acceptions that simply cannot be ignored. Homosexuals who are attacked after performing sexuals act with the consent of those who believed they were actually of a particular sex, should realize that they are placing themselves in danger for very natural primal reasons.

If a white person went into a primarily black community and began to shout racial slurs, you can pretty much expect to eventually get mauled. What's interesting about that is that once such an event gets past freedom of speech, which in this case never seems to stick, that person who most likely ends up in the hospital, will be prosecuted. Not the people who attacked them. They were defending their honor. But why, case after case, does the individual who was sexually deceived bare the burden of assault charges, having attacked the homosexual, even to the slightest degree? The above UCLA review does well to address this issue.

Anne Marie

 

[editec]

Were I sitting on a jury where some man or woman were so decieved, had reacted violently, I'd be sympthetic to their defence that they were temporarily deranged by this foul deception, of course.

And I suppose if the charge against them was simple assult I'd find them not guilty.

However if the beating seemed excessive, and not merely an instanteous reaction (in other words they keep beating the person) I'm be far less sympathetic to the defendent.

Simply put, cracking the drag queen once or twice before fleeing the scene, I suppose I'd understand.

Killing the sick little bitch, OTOH, won't get a pass and I don't give flying fuck how homophobic you are.

If you're THAT afraid of queers seek help.

 

[dilloduck]

How about in cyberland? We'd have our jails full of people pretending to be the other sex

 

[sidneyworld]

How about in cyberland? We'd have our jails full of people pretending to be the other sex

There was no physical contact or realistic act. People lie about all sorts of things, especially where there is a need to accomplish something. But you can't prosecute anyone for lying where there is no tangible exchange, no harm done that can be calculated in any physical form. You can't sue someone for breaking their heart. You can however sue someone for a deception that leads to financial loss, (Fraud), or engaging in sexual acts with a person of a misrepresentated gender.

In a broader sense, if a woman marries a man who turns out to be gay or bisexual, wherein his sexual needs cannot be completely fulfilled within the confines of that marriage, while difficult, if it can be proven that there was no intention of the woman of accommodating such a desire, and that there existed a history of such practices, unbeknownst to the other partner, anything contractually predicated on that marriage can conceiveably be null and void, including a prenuptial agreement. There have been cases where awards in the millions have been granted after careful scrutiny through various investigations of behavior and prior relationships which included opposite gender. This is indeed another form of sexual misrepresentation, devoid of violence in a physical sense.

Anne Marie

 

[strollingbones]

i think being too drunk to tell if you are with a male or female is against the law

 

[sidneyworld]

i think being too drunk to tell if you are with a male or female is against the law

lol. Well, I think in such a case, you might call it rape in all cases should there be any sexual acts.

Ya think? Or does a drunk person deserve that they get, Strollingbones?

Interesting....

Anne Marie

 

[strollingbones]

look you end up in a bar...you pick out the wrong person....you just stroll away...you dont have to go apeshit and beat on the person ....nothing like that...police dont have to be called....and when you are drunk you lack good judgement....do you consider it "rape" if you continue with someone who has fooled you? we can all say no....if they continue after that...then it does become rape in my opinion...but it takes a really stupid person to not be able to tell...and i have seen great cross dressers....and now that they have the adam's apple shave its harder to tell...but still not that hard...hint....hands

 

[strollingbones]

see ed i am not with you on that....no reason to get voilent...do you do that when you find yourself in bed or not in bed with some women you find objectional?

 

[wvulax]

You make a decent argument but I think bones just said it. They're drunk

A man goes into a bar, perhaps with friends, has a few drinks, maybe looking for a little action, becomes engaged in a stimulating conversation with a "beautiful" woman, has a few more drinks with her, and before he knows it, she's blowing him in his car and he goes for third base and POW!! the woman has a penis.

I have seen a man leave with a he/she even after several of the man's friends warned him. Not to piss off too many people, but I think the reason some people get mad to the point of violence is their homophobia.

I also don't like this because it requires some sort of ID. Pink ID for girls/Blue for guys. This could be extrapolated to any sort of difference that might otherwise be ambiguous. Gay/straight, protestant/catholic, etc.

 

[sidneyworld]

You make a decent argument but I think bones just said it. They're drunk

A man goes into a bar, perhaps with friends, has a few drinks, maybe looking for a little action, becomes engaged in a stimulating conversation with a "beautiful" woman, has a few more drinks with her, and before he knows it, she's blowing him in his car and he goes for third base and POW!! the woman has a penis.

I have seen a man leave with a he/she even after several of the man's friends warned him. Not to piss off too many people, but I think the reason some people get mad to the point of violence is their homophobia.

I also don't like this because it requires some sort of ID. Pink ID for girls/Blue for guys. This could be extrapolated to any sort of difference that might otherwise be ambiguous. Gay/straight, protestant/catholic, etc.

Actually, any other circumstance would, as I mentioned, not be legally plausible for prosecution because there was no physical contact and no tangible loss. Also, assault on anyone is completely unacceptable. But this is not a premeditated circumstance. I grew up with 8 guys when I was young. I can tell you right now that if any of them were stupid enough to get into such a situation, should they even admit it, would go ballistic, but certainly not because of any homophobia. It's simply the incredible shock of having another man sexually perform an act on you through deception.

As far as hands, not all men have large hands and feet. Add beautifully manicured nails, great perfume, and a killer outfit and there you have it. A few drinks later and you really could be fooled, up close and personal. I mean, this stuff happens.

Anne Marie

 

[midcan5]

WTF, who cares, buyer beware. This is trivia crap in the scheme of things. It sometimes seems the Puritans are still alive and well in America. We can add gays to the blacks in jail. Nice way to hide our discomfort.

"The United States, home to five percent of the worlds' population, now houses twenty-five percent of the world's prison inmates. Our incarceration rate—at 714 per 100,000 residents and rising—is almost forty percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). More pointedly, it is 6.2 times the Canadian rate and 12.3 times the rate in Japan.

Economist Glenn Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy. Instead, it is the product of a generation-old collective decision to become a more punitive society. He connects this policy to our history of racial oppression, showing that the punitive turn in American politics and culture emerged in the post-civil rights years and has today become the main vehicle for the reproduction of racial hierarchies."

Race, Incarceration, and American Values - The MIT Press

 

[wvulax]

can I tack on drug laws to that which are all, historically, motivated by racism.

 

[sidneyworld]

WTF, who cares, buyer beware. This is trivia crap in the scheme of things. It sometimes seems the Puritans are still alive and well in America. We can add gays to the blacks in jail. Nice way to hide our discomfort.

"The United States, home to five percent of the worlds' population, now houses twenty-five percent of the world's prison inmates. Our incarceration rate—at 714 per 100,000 residents and rising—is almost forty percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). More pointedly, it is 6.2 times the Canadian rate and 12.3 times the rate in Japan.

Economist Glenn Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy. Instead, it is the product of a generation-old collective decision to become a more punitive society. He connects this policy to our history of racial oppression, showing that the punitive turn in American politics and culture emerged in the post-civil rights years and has today become the main vehicle for the reproduction of racial hierarchies."

Race, Incarceration, and American Values - The MIT Press

That's interesting but here is a reality check. Racial discrimination and hate crime in this country is prosecuted in favor of the minority far more than any other group of people. When black on white crimes happen, they are not publicized, yet, statistically, the percentage of black on white crime of any nature accounts for 90% of crime, including assault crime in this country. And this is where punitive damages are awarded because the injury or loss of life affecting the victims family cannot in any other way be compensated due to the lack of financial resources.

If this country houses more criminals than any other country, proportionately, that is a reflection of our lack of attention to the social responsibility and educated of lower income areas where crime has become a way of life, and the quality of life of those who are subjected to such a mentality. And this plague is not concentrated to crimes within such areas.

The following will open up your eyes and is absolutely infuriating:

10/16/2008
Eric Boyd sentenced in Newsom Christian murder case
By: Cao, Filed under: Death Pen. @ 4:51 am
Boyd is the first to be sentenced in this case, if I understand in correctly.



This is one of the most horrific crimes I’ve ever read about. Hugh Christopher Newsom, Jr., 23, and Channon Gail Christian, 21, went on a date, but never returned home. The reason is, they were carjacked, taken to an apartment, and brutally tortured, raped and murdered.

Flopping Aces details the crimes:

Chris and Channon were kidnapped and driven to 2316 Chipman Street where they were forced into the home at gunpoint. While Channon was forced to watch, her boyfriend was raped prison style and then his penis was cut off. He was later driven to nearby railroad tracks where he was shot and set afire. But Channon’s hell was just beginning. She was beaten; gang raped repeatedly in many ways, had one of her breasts cut off and bleach poured down her throat to destroy DNA evidence—all while she was still alive. To add to Channon’s degradation the suspects took turns urinating on her. They too set her body afire, apparently inside the residence, but for some reason left her body there—in five separate trash bags.

The perps:


From left to right: Eric Boyd, George Thomas, Lemaricus Davidson, Letalvis Cobbins, Vanessa Coleman.

Eric Boyd only got 18 years.

This crime is so far beyond the imagination that I don’t particularly care whether or not this guy was directly involved or not.

He helped cover it up; all those involved should receive the death sentence. I support the death sentence for career criminals; particularly career criminals who end up involved in crimes as horrific as this one.

Flopping Aces also mentions a little bit about our criminal justice system that seems to groom criminals for more horrific crimes later:

Boyd’s criminal career started at age 14 with a breaking-and-entering and vandalism charge. Boyd also admitted in police interrogation to involvement in 9 armed robberies in 1994, between March and May. In a transcript, he told police he was trying to raise $2500 to pay off money he owed a drug dealer, for drugs. In some of those robberies, Boyd admitted to being an armed robber. In others, he said a co-defendant robbed the store, and Boyd drove the get-away car.

It would figure drugs would be involved in this.

Just another case of black on white crime that is beyond sick.

When I look at cases like this, I keep thinking about what they’re documenting at “The New South Africa”. - and meatbrain’s self-loathing black panther stupidity; it’s all the same.

Previous:

Christian-Newsom murders; MSM silent

Hiding Black Interracial Crimes

Cao’s Blog » Blog Archive » Eric Boyd sentenced in Newsom Christian murder case

************

There is still no national coverage of this crime. Why is that?

Anne Marie

 

[wvulax]

What was that supposed to open our eyes to?

 

[sidneyworld]

What was that supposed to open our eyes to?

This:

"The United States, home to five percent of the worlds' population, now houses twenty-five percent of the world's prison inmates. Our incarceration rate—at 714 per 100,000 residents and rising—is almost forty percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). More pointedly, it is 6.2 times the Canadian rate and 12.3 times the rate in Japan.

Economist Glenn Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy. Instead, it is the product of a generation-old collective decision to become a more punitive society. He connects this policy to our history of racial oppression, showing that the punitive turn in American politics and culture emerged in the post-civil rights years and has today become the main vehicle for the reproduction of racial hierarchies."

It's complete bullshit, written as a smokescreen to cover up the reality of crime and the liberal media's consolidated effort to not document crimes against whites in this country.

Statistically, white people are the most subjected to crime by minority, than any other race outside urban communities. That is a fact. And that includes domestic crimes of both interracial and same race couples.

Anne Marie

 

[chanel]

Buyer beware is right. Guy walks into the bar has a few drinks gets blown by beautiful woman who neglected to wear her wedding ring. Guy gets shit kicked out oif him

Guy gets a little action from woman who claims to be on the pill Guy becomes daddy

Girl meets guy on internet who claims to have job - lives in his mothers basement Can she beat the shit out of him?

Moral of the story - don't fuck strangers

 

[wvulax]

No one said black people don't commit crimes. White people do it too. In fact no one even mentioned black people except for your post.

Wouldn't that prove his point of a racial hierarchy?

 

[xotoxi]

If you live in any of the big cities, this happens more often that you can imagine. A man goes into a bar, perhaps with friends, has a few drinks, maybe looking for a little action, becomes engaged in a stimulating conversation with a "beautiful" woman, has a few more drinks with her, and before he knows it, she's blowing him in his car and he goes for third base and POW!! the woman has a penis.

I think that in general, a good rule of thumb is that you should get to know someone before they are gagging on your ejaculate.

I see this as "buyer beware".

 

[eagleseven]

If you live in any of the big cities, this happens more often that you can imagine. A man goes into a bar, perhaps with friends, has a few drinks, maybe looking for a little action, becomes engaged in a stimulating conversation with a "beautiful" woman, has a few more drinks with her, and before he knows it, she's blowing him in his car and he goes for third base and POW!! the woman has a penis.

I think that in general, a good rule of thumb is that you should get to know someone before they are gagging on your ejaculate.

I see this as "buyer beware".

Exactly.

Honestly, if you are drunk and getting blown in a parking lot by someone you just met, the presence or lack of a penis should be your last concern.

You should be much more worried about things like Chlamydia and HIV.

 

[strollingbones]

i didnt say all men had big hands or drunks are open to rape....but mens hands do look a lot different than women's even with fancy manicures.....plus i dont believe in violence just to prove some point....that i may be too drunk and stupid to figure you you are a guy but i am not too drunk or stupid to pound your ass...whoaaaaaaaaaaaa when is that impressive