Should Sexual Misrepresentation Be A Crime? Yes!

Discussion in 'Religion and Ethics' started by sidneyworld, Jul 9, 2009.

  1. sidneyworld
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    sidneyworld Senior Member

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    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.

    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
     
  2. editec
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    editec Mr. Forgot-it-All

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    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.
     
  3. dilloduck
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    dilloduck Diamond Member

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    How about in cyberland? We'd have our jails full of people pretending to be the other sex :lol::lol::lol:
     
  4. sidneyworld
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    sidneyworld Senior Member

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    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
     
  5. strollingbones
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    strollingbones Diamond Member

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    i think being too drunk to tell if you are with a male or female is against the law
     
  6. sidneyworld
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    sidneyworld Senior Member

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    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
     
  7. strollingbones
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    strollingbones Diamond Member

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    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
     
  8. strollingbones
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    strollingbones Diamond Member

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    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?
     
  9. wvulax
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    wvulax Member

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

    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.
     
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  10. sidneyworld
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    sidneyworld Senior Member

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    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
     

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