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Elizabeth Nolan Brown | 4.8.2021 9:40 AM
Obtaining sex through "deception," "concealment," or "artifice" could violate consent. A group of New York lawmakers is trying to redefine consent in a way that would make it a crime to be less than fully truthful with sex partners. Under the new proposal, antics now considered merely caddish or immoral—like lying to a prospective sex partner about one's relationship status, social standing, or future intentions—would count as criminal sexual misconduct.
Now in committee, Assembly Bill A6540—sponsored by Assembly Member Rebecca Seawright (D–New York City) and co-sponsored by three other Democratic lawmakers—would amend New York state's penal code to define consent as "freely given knowledgeable and informed agreement" that is "obtained without the use of malice such as forcible compulsion, duress, coercion, deception, fraud, concealment or artifice."
Sex through "forcible compulsion" is already considered rape in the first degree under New York law. The biggest change Seawright's bill would have is on the state's law against sexual misconduct.
A person becomes guilty of sexual misconduct if "he or she engages in sexual intercourse with another person without such person's consent; or he or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent." Thus, if consent is defined as sex obtained without any deception, concealment, or artifice, anyone who lies to or omits information from a prospective sexual partner would be guilty of sexual misconduct (a class A misdemeanor).
Siri, show me a bill that will never pass 1st Amendment scrutiny. https://t.co/uoGhG6rIRU
— Mike Masnick (@mmasnick) April 8, 2021
This story doesn't negate or predict anyone else's experiences.
It's one young woman telling us about her life. It's powerful and valuable.
And it took courage. https://t.co/dsABVG40u1
— Caitlin Flanagan (@CaitlinPacific) April 8, 2021
Four months after paying out $475,000 to the victim of one violent traffic stop (see https://t.co/w7CLX0WFpw), Euclid is paying out $450,000 to the victim of another violent traffic stop. https://t.co/P9Rra7Lu0c pic.twitter.com/cFJIkee3l9
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