Should Sexual Misrepresentation Be A Crime? Yes!

[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".

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.

Additionally, if the girl you hookup with has a penis, you don't have to worry about getting her knocked up.

 

[Smartt33]

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

LOL Stay out of the dirt, and you won't get dirty.

 

[sidneyworld]

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

Hi Chanel,

1. [/I][/B]Guy gets a little action from married woman:[/I][/B] There should be a natural assumption of risk with any sexual involvement with a stranger. There is absolutely no way of knowing what that woman's "situation is." And the aggressor in that case is an outside party. At the very least the woman was presumably still a woman, the guy not knowing one way or another.

2. Guy gets a girl pregnant: Wear a condom, anyway. If she gets pregnant the most that will happen in the worst case scenario is that he will have to deal with the aftermath. He would have some natural apprehension of deception regarding her birth control or at the very least the possibility of defective condoms. This is all after much time as gone by.

3. Girl meets what becomes a degenerate on the internet: This above all has to be the most critical of scenarios in terms of let the buyer beware. Anyone can hide behind a screen.

All of your examples are devoid of one thing. Engaging in a sexual act where there was absolutely no assumption of risk in terms of gender. Everything else is inherently possible. The married woman. The woman without birth control, or the male degenerate on the internet posing as Prince Charming.

You would have to be living in the stone age to not at least exercise some measure of precaution in avoiding these situations. And even after the fact, the courts would never prosecute under these circumstances. However, the misapprehension of trust when sex is intended by the same sex of a heterosexual is quite a serious matter. It's sexually abusive to say the least and not a part of any normal expectation one would find in a social setting.

If someone stole your money, wallet, bag, or even cigarettes from you that your were entertaining in a bar or restaurant, and they were caught, they could easily be prosecuted if you file a complaint. Well how much different is it to allow oral sex from someone you thought was a woman, and it turned out to be a man? Consensual sex, in whatever form, encompasses the undertstanding that you believed they were of a certain sex. They went to all lengths to cover their true gender and never disclosed their identity. That is a critical violation of common trust and understanding. Not before.

Anne Marie

 

[amrchaos]

Yes--it should be considered a felony!!


The last thing I want to do is run into a shemale or Galdude. I seen "The Crying Game" and I tell you I would have killed the imposter!! Really, don't gays have "StraightDar" or is it us Heteros that has to keep the Gaydar on!!?!?

 

[sidneyworld]

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?

I simply do not agree with the way this post was drafted:

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

The very mention of "the history of racial oppression" immediately insinuates the intent to demonstrate that this society zones in on blacks and minority in terms of wrongful incarceration, without offering any objective substantiation as to why they are incarcerated, aside from racial oppression. I am simply responding to these sentiments which are actually a side bar to this discussion, but well received in making my point.

Homosexuals, Minority as is the most prominent special interest groups, respectively and in general, in this current society expect special consideration and treatment above and beyond the law predicated on past viable discrimination which in my view has outlived its general purpose and usefulness.

Poverty and lack of education, especially in Urban areas, should not excuse widespread assault and crime.

Sexual ambiguity should not excuse the deceptive outcome of gender misrepresentation.

However, the moral majority in this country is constantly challenged of our values, without any reciprocal provocation, to accept this behavior as a part of a presumably positive change in our society.

That is completely ridiculous and encroaches on the right of expectation of a quality of life we are afforded in this country.

Anne Marie

 

[sidneyworld]

Allow me to demonstrate further, what is happening in this country.

MARCH 27, 2009 5:55PM
What's Wrong With This Picture? A Cop Killer Is A Hero?

Four cops killed by an African-American parolee in a city where cops have killed several African-Americans in the past several years and some people actually believe that evens the score? Obviously, the people who feel this way live by the "eye for the eye" Old Testament laws and not the "turn the other cheek" New Testament fulfillment of those laws. If people in Oakland, California, knew anything about Old Testament law, they might not be so quick to sanction mass murder! I realize the killing of Oscar Grant by a BART cop, the fourth such killing in Oakland I believe enrages African-American citizens, but are there people there really glorifying murdering police officers in retaliation? How can anyone really believe it's o.k. to kill people to avenge the death of someone else? It may have something to do with the U.S. being one of only a couple of Western nations that have a death penalty. Or it may have something to do with something else. I don't understand. However, there are some people who seem to have this all figured out according to their own beliefs. Read the following takes on the cop murders and the people killed by the BART cops from the right and left:

March 25, 2009

"Blacks in Oakland celebrate racially motivated murder of four white police officers."
Council of Conservative Citizens News Team(CofCC.org)

"San Francisco Area Black Newspaper praises killing of four white police officers. Calls the killer one of the 'heroes in the human rights struggle for Black people in America.'
The slaughter took place in the Bay Area, the same vicinity as the 1973-1974 'Zebra Killings.' The Zebra Killers and Nat Turner’s band who killed 60 white people in 1831, are among the most prolific serial killers in US history.

The Zebra Killings were carried out by a Nation of Islam splinter group, known as the 'Black Angels of Death.' They awarded points to members for the number of whites killed. The exact number of victims is unknown, but many police officials have put the number at 72.

**********

Cop-Killer Shot First Two Officers Execution-Style
Posted: 1:37 pm PDT March 21, 2009
Updated: 10:58 pm PDT March 23, 2009

OAKLAND, Calif. -- The man who killed four Oakland Police officers Saturday shot the first two execution-style after initially firing from near his car, according to witnesses.

While investigators are not confirming the details, several police sources told KTVU that Lovelle Mixon, 26, of Oakland, stepped out of his car, fired a handgun at two motorcycle police officers, began to run away, then stopped, ran back to them, and shot the men execution-style.

The grisly details emerged Monday as Oakland police and residents continued mourning the loss of the officers while still processing the extremity of the violence that has fallen upon Oakland like a dark cloud.

The shootings of four officers on a single day was remarkable not just for its death toll, but for the years of law enforcement experience Mark Dunakin, John Hege, Ervin Romans and Daniel Sakai had racked up between them.

Cop-Killer Shot First Two Officers Execution-Style - News Story - KTVU San Francisco

****

Now tell me I don't know what I am talking about!

Anne Marie

 

[eagleseven]

Allow me to demonstrate further, what is happening in this country.

MARCH 27, 2009 5:55PM
What's Wrong With This Picture? A Cop Killer Is A Hero?

Four cops killed by an African-American parolee in a city where cops have killed several African-Americans in the past several years and some people actually believe that evens the score? Obviously, the people who feel this way live by the "eye for the eye" Old Testament laws and not the "turn the other cheek" New Testament fulfillment of those laws. If people in Oakland, California, knew anything about Old Testament law, they might not be so quick to sanction mass murder! I realize the killing of Oscar Grant by a BART cop, the fourth such killing in Oakland I believe enrages African-American citizens, but are there people there really glorifying murdering police officers in retaliation? How can anyone really believe it's o.k. to kill people to avenge the death of someone else? It may have something to do with the U.S. being one of only a couple of Western nations that have a death penalty. Or it may have something to do with something else. I don't understand. However, there are some people who seem to have this all figured out according to their own beliefs. Read the following takes on the cop murders and the people killed by the BART cops from the right and left:

March 25, 2009

"Blacks in Oakland celebrate racially motivated murder of four white police officers."
Council of Conservative Citizens News Team(CofCC.org)

"San Francisco Area Black Newspaper praises killing of four white police officers. Calls the killer one of the 'heroes in the human rights struggle for Black people in America.'
The slaughter took place in the Bay Area, the same vicinity as the 1973-1974 'Zebra Killings.' The Zebra Killers and Nat Turner’s band who killed 60 white people in 1831, are among the most prolific serial killers in US history.

The Zebra Killings were carried out by a Nation of Islam splinter group, known as the 'Black Angels of Death.' They awarded points to members for the number of whites killed. The exact number of victims is unknown, but many police officials have put the number at 72.

**********

Cop-Killer Shot First Two Officers Execution-Style
Posted: 1:37 pm PDT March 21, 2009
Updated: 10:58 pm PDT March 23, 2009

OAKLAND, Calif. -- The man who killed four Oakland Police officers Saturday shot the first two execution-style after initially firing from near his car, according to witnesses.

While investigators are not confirming the details, several police sources told KTVU that Lovelle Mixon, 26, of Oakland, stepped out of his car, fired a handgun at two motorcycle police officers, began to run away, then stopped, ran back to them, and shot the men execution-style.

The grisly details emerged Monday as Oakland police and residents continued mourning the loss of the officers while still processing the extremity of the violence that has fallen upon Oakland like a dark cloud.

The shootings of four officers on a single day was remarkable not just for its death toll, but for the years of law enforcement experience Mark Dunakin, John Hege, Ervin Romans and Daniel Sakai had racked up between them.

Cop-Killer Shot First Two Officers Execution-Style - News Story - KTVU San Francisco

****

Now tell me I don't know what I am talking about!

Anne Marie

Uh, I don't follow. What has this to do with transvestites? I know a black transvestite...but what?

And what is "the deceptive outcome of gender misrepresentation?" Embarrassment? Lost pride? Being the butt of your friends' jokes? A good blow job?

I don't see the beef...

 

[Anguille]

All of your examples are devoid of one thing. Engaging in a sexual act where there was absolutely no assumption of risk in terms of gender.

What is the actual harm in having sex with someone whose gender you are mistaken about? Other than to your own pride?

 

[dilloduck]

All of your examples are devoid of one thing. Engaging in a sexual act where there was absolutely no assumption of risk in terms of gender.

What is the actual harm in having sex with someone whose gender you are mistaken about? Other than to your own pride?

you might come prepared to protect the wrong thing ?

 

[dilloduck]

hell--you could burn out your clutch shifting gears too !

 

[Anguille]

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.

Rape? Sexual assault? Are you kidding me? If it's so important to you that the gender of the person you are having anonymous consensual sex with, is what you think it is, the onus is on you to be upfront about it and ask. What if you have a thing about not having sex with accountants and your one night stand turns out to be an accountant? Is that also rape?

 

[dilloduck]

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.

Rape? Sexual assault? Are you kidding me? If it's so important to you that the gender of the person you are having anonymous consensual sex with, is what you think it is, the onus is on you to be upfront about it and ask. What if you have a thing about not having sex with accountants and your one night stand turns out to be an accountant? Is that also rape?

oh my --raped by an accountant ? several times

 

[Anguille]

Sexual ambiguity should not excuse the deceptive outcome of gender misrepresentation.

However, the moral majority in this country is constantly challenged of our values, without any reciprocal provocation, to accept this behavior as a part of a presumably positive change in our society.

That is completely ridiculous and encroaches on the right of expectation of a quality of life we are afforded in this country.

Anne Marie

In other words, when Republican congressmen who claim they stand for "family values" and oppose gay marriage are caught having anonymous sex in restrooms they should have the right to prosecute any transvestites they are caught with.

 

[Anguille]

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.

Rape? Sexual assault? Are you kidding me? If it's so important to you that the gender of the person you are having anonymous consensual sex with, is what you think it is, the onus is on you to be upfront about it and ask. What if you have a thing about not having sex with accountants and your one night stand turns out to be an accountant? Is that also rape?

oh my --raped by an accountant ? several times

LOL Well me too, for that matter.

 

[Anguille]

Does anyone know for sure if sydneyworld is a girl?

 

[strollingbones]

oral sex? hell by the time i am there....i have normally felt up everything i need too...again dont be jumping into anything with anyone that damned quick...that is just freaky...if some dude wants head that damned bad...he dont care who its from

 

[eagleseven]

oral sex? hell by the time i am there....i have normally felt up everything i need too...again dont be jumping into anything with anyone that damned quick...that is just freaky...if some dude wants head that damned bad...he dont care who its from

If the person wants to blow you...do you think he or she will mind if you grab his or her crotch? I thought it sort of goes with the territory...

Unless you don't believe in the polite ol' reach-around!

 

[Cecilie1200]

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

You'd be surprised how many of them are indistinguishable from the real article even when you're stone sober. I belong to a club that has a lot of transgendered members (that's what they're actually called, by the way, as opposed to "transexual", which would be someone who's been surgically altered), and my best friend and I spend quite a bit of time privately playing, "What are they biologically?"

 

[sidneyworld]

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

You'd be surprised how many of them are indistinguishable from the real article even when you're stone sober. I belong to a club that has a lot of transgendered members (that's what they're actually called, by the way, as opposed to "transexual", which would be someone who's been surgically altered), and my best friend and I spend quite a bit of time privately playing, "What are they biologically?"

Agreed. Well done!

Anne Marie

 

[sidneyworld]

By the way, when I asked several guys about the subject I remember one saying that men have a certain scent that is impossible to mistake. I would have to agree with that. It's not a foul smell but most "clean" men, like my fiance seem to have a very pleasing scent about them. And it's not Old English. lol. Scientifically, men and women have a very specific type of scent. That usually ensures that men and women breed properly and don't have sex with each other. Of course that doesn't apply to homosexuals. They don't go by that, I guess. Sheeesh

I guess what throws men off to that particular scent is expensive parfume. lol.

I mean, what can I say....

Anne Marie