ABC News Feature, Consent On Campus

It was curious watching the 17-minute presentation at Pennsylvania State University on Nightline. Rape is a crime under American law. Crime under American jurisprudence has two elements, an act, actus reus, and an idea, mens rea, often called intent. The word intent was never mentioned. I was paying attention listening for it. If the matter is a crime, the suspect must have the requisite intent. That is what made/makes rape cases so difficult, and why there were, and are, so many non prosecutions. But under this new system intent is not a concern. 



Consent is the concern. Consent is given by the person acted upon, agreeing to be acted upon. The actor, if criminal the suspect, must obtain consent, so that he or she does not have any criminal intent. That shifted the weight of whether it was crime from the mind of the suspect into the mind of the victim. Without consent it is a crime. No matter what the suspect has in his or her mind. It also facilitates proving crime. What is or was in a suspect's mind is not obvious. But consent can be obvious. But consent raises other difficulties as discussed on that ABC feature, e.g., how long is the consent good for? 

No mention of intent

changing 200 years of common law, and American Jurisprudence

http://abc.go.com/shows/nightline/listing/2016-02/25-022516-consent-on-campus-a-nightline-event

NightlineFebruary 2016
02/25/16: Consent on Campus: A 'Nightline' Event
18:41 02/25/16 NR
Consent on Campus: Can Consent Education Help Prevent Sex Assault Among College Students?; Consent on Campus: What Does Giving Sexual Consent Mean?
ABC News

New Computer App For Sex Consent By Video

These consent videos are saved to a cloud file. If hackers are getting into US government data bases how long before they get into these video files and use them for ridicule, divorce cases, and more. This is more idiotic business ideas which exploits human  weaknesses. One more reaction to the extreme, misguided attempts to end sex offenses. 

[From article]
A breathy female British voice asks participants to state their name and to agree to sex. Once the video has been completed the voice says: ‘Consent confirmed. Have fun.’ The video is then saved in a ‘cloud’ or server.
Mr Lissick, 57, said: ‘The videos are twice encrypted and can only be accessed by law enforcement, by a written judge’s order or as part on an ongoing sexual investigation by a college.’
More than 100 people in the UK have already downloaded it.

[. . .]
Sex contracts are being encouraged widely in American colleges. University of Massachusetts student Noah Convicer, 21, has used the WeConsent app several times and said: ‘It’s a great idea. I don’t feel embarrassed asking a girl to consent to sex on video. It protects both of us and it is a mature and responsible thing to do. I use apps for everything else, so why not this?’
Sally Bratton, who sits on the board of the Health Services Association for Californian Community Colleges, which represents two million students on 112 campuses, said: ‘These contracts are a very good idea. They take away any doubt or misunderstanding, which is one of the leading causes of accusations of sexual assault. When you have apps like Tinder making sex purely recreational, why not have an app or contract to protect yourself?’ But Jasmin Enriquez, 23, who was date-raped as a student at Pennsylvania State University, branded sex contracts ‘pure evil’, saying: ‘They are nothing more than stunts and money-generating schemes which distract from the real issue which is education. We need to educate students of both sexes. Informed consent is an ongoing, shifting process which cannot be encapsulated in a contract. A contract fails to safeguard a woman who might change her mind after signing it.’
And Susuana Amoah, women’s officer at the UK’s National Union of Students, said: ‘The idea that consent could be given through an app is a really dangerous notion – this type of technology isn’t the answer to developing better sexual consent behaviour. We shouldn’t be encouraging students to equate consent with “there’s an app for that” – we should be encouraging them to engage in on-going discussions about consent and boundaries.’

http://www.dailymail.co.uk/news/article-3166650/The-Yes-sex-app-New-mobile-phone-device-films-people-giving-consent-protect-users-assault-claims-health-workers-condemn-contracts-evil.html

The 'Yes' to sex app: New mobile phone device films people giving consent to protect users from assault claims - but health workers condemn 'contracts' as 'evil'
The WeConsent app was created by a former Wall Street banker
Uses Apple iPhone's video camera to make 20-second recording
Asks both partners to state their names and that they agree to sex
Critics have branded sex contracts 'pure evil' and a 'dangerous notion'
By CAROLINE GRAHAM and HANNAH FLINT FOR THE MAIL ON SUNDAY
PUBLISHED: 16:03 EST, 18 July 2015 | UPDATED: 01:07 EST, 19 July 2015

Get Signed Agreement Before Having Sex In New York

[From article]
New York State passed a law requiring women to affirmatively say they want sex before sleeping with men (or, I guess, other women?). If they don't, and they later decide they didn't enjoy the sex, they can have the man arrested for rape.
[. . .]
But all this is part of liberals' attempts to keep women engaged and energized so they will vote Democrat. While they pass meaningless legislation that won't help anyone, women continue to get killed by illegal aliens, have their health insurance costs skyrocket, face an economy crushed by unsustainable debt, and find men in their locker rooms with hairy legs wearing tutus.
[. . .]
Besides, even if a woman says "yes" if directly asked about sex, it's meaningless, because it's an oral contract. There's no way to verify whether she actually said yes or not. That's why lawyers require written contracts. Maybe a woman should have to sign a release before a man can get his release. To make it super-official, maybe there should be a witness.

http://www.americanthinker.com/blog/2015/07/in_new_york_men_can_be_arrested_for_rape_if_women_dont_say_i_want_sex.html

July 8, 2015
In New York, men can be arrested for rape if women don't say 'I want sex!'
By Newsmachete

Indiana Teen, 19, Convicted of Rape of Girl, 14, Who Consented to Sex And Said She Was 17

[From article]
Computer science student Zach Anderson, 19, met a girl, 17, on the "Hot or Not?" app. He was from Elkhart, Indiana. She was 20 minutes over the border in Niles, Michigan. They hooked up. Once.
But it turned out the girl was really 14. She'd lied to Anderson and also in her profile. Now Zach sits in a Michigan jail, serving 90 days. When he gets out he will be on the Sex Offender Registry for 25 years.
[. . .]
But court records show that Berrien County District Court Judge Dennis Wiley (who once jailed a woman for 10 days over Christmas because she cursed while paying a traffic ticket in the county clerk’s office) paid none of the participants any mind. At sentencing he told Anderson, "You went online, to use a fisherman's expression, trolling for women to meet and have sex with. That seems to be part of our culture now: meet, hook up, have sex, sayonara. Totally inappropriate behavior. There is no excuse for this whatsoever."

Now, in addition to registering as a sex offender, Anderson will spend five years on probation, during which time he will not be allowed to live in a home where there is internet access or a smart phone. He will obviously have to change his major. And he is forbidden to talk to anyone under age 17, except his brothers.

http://reason.com/blog/2015/06/16/male-teen-has-consensual-sex-with-female

Male Teen Has Consensual Sex with Female Teen. He Gets 25 Years as Sex Offender, Banned from Internet.
Girl admits he did nothing wrong, has asked prosecutor to drop the case.
Lenore Skenazy

Jun. 16, 2015 10:39 am

Brigitte Gabriel Speaks To UN About Muslim Slave Trade, White House Has No Comment

Brigitte Gabriel

[From article]
Ms. Gabriel is a Lebanese Christian describing the systematic persecution, murder, rape, and slave-taking against Christians in the Middle East -- Christians who have lived there since the time of Jesus.
If we ever manage to make Americans face the reality of Jihad, it will be due to men and women like Brigitte Gabriel. Like Pamela Geller, Robert Spencer and Geert de Wilder[s], they are risking their lives to save civilized society, constantly opposed by the malicious liberal media and death threats from Muslim fascists.


Geert de Wilder

As always, the Left’s silence about Islamofascist massacres means consent. The Left is utterly cold-hearted.
[. . .]
I don’t know if Obama is a secret Muslim, but it doesn’t really matter -- because his silence means consent. Whatever he believes, he stands convicted by his silence.
Every week ISIS uploads videos celebrating sadistic murders of innocents. But Obama says nothing.
This collusive silence of the Left is nothing new. The Left was just as silent about Lenin, Stalin, Mao, Pol Pot and all the other Marxist murderers, including North Korea’s Kim dynasty.[. . .]
The genocide against Christians and native cultures in the Sudan has been public knowledge for two decades. But Americans still do not know where their president stands on the African slave trade. His silence gives the answer.
[. . .]


Pamela Geller

Today, black children and women are sold on slaves markets in Africa and the Middle East, just like the public markets used to sell the ancestors of today’s African-Americans. But Muslim slave raiders have no color prejudice. In the Middle East they kill and kidnap Christians of Arab descent, Yazidis, and any “apostate Muslims,” like the civilians of Ramadi who were just murdered on the public streets.
 In centuries past Muslim slave raiders in Africa brought their victims to coastal ports for the Atlantic trade.
[. . .]
African-Americans are whipped up to rage against living white folks for the Muslim slave trade. That is either woefully ignorant, or it is a political lie, meant to squeeze the race racket for money and power, like Mr. Obama’s good friend [and FBI informant] Al Sharpton.
The genocide against Christians and native cultures in the Sudan has been public knowledge for two decades. But Americans still do not know where their president stands on the African slave trade. His silence gives the answer.


Robert Spencer

http://www.americanthinker.com/articles/2015/05/silence_about_muslim_horrors_means_consent.html

May 30, 2015
Silence about Muslim horrors means consent
By James Lewis

http://youtu.be/1ZPBCJwdA74

video

Public Schools Collect Personal Data of Students Without Consent

[From article]
dozens of states have adopted the BMI-snitching Fitnessgrams, which are marketed by an outfit called the Cooper Institute. The group contracts with New York, Texas, California and a total of nearly 70,000 schools across the country to provide training, administration, data collection and dissemination of its reports. Big Brother is big business.
One of the Cooper Institute's most prominent members of its board of directors: Big Government Republican Mike Huckabee, who spearheaded mandatory student BMI reports in 2003 while he was governor of Arkansas. Huckabee has sided with first lady Michelle Obama's meddling initiatives on childhood obesity — which he calls an "issue of national security." Public health bureaucrats use exactly such hyperbolic rhetoric to justify increasing their powers, budgets and control.

http://www.jewishworldreview.com/michelle/malkin053014.php3#.U7Iu-90--yM

Jewish World Review

May 30, 2014 / 1 Sivan, 5774
The Data-Mining Body Monitors in Our Schools
By Michelle Malkin

Mother Warns Son Not To Have Sex With Woman Without Written Permission

[From article]
Columnist and mother Roxanne Jones has written a controversial piece for CNN detailing how she told her son to get a 'text message of consent' from a girl before he has sex with her.

Wonder why she suggests this action? Do women ever make false rape claims?  I am shocked.

http://www.dailymail.co.uk/news/article-2514596/Mom-tells-son-text-consent-sleeping-girl.html

Mother tells her son to never sleep with a girl unless she sends a text of consent first to avoid accusations of rape
By RACHEL QUIGLEY
PUBLISHED: 14:45 EST, 27 November 2013 | UPDATED: 14:52 EST, 27 November 2013

Fake Rape Charge Due To Unsatisfied Woman on A Date

http://www.dailymail.co.uk/news/article-2242966/Woman-lied-raped-didnt-enjoy-date.html

Woman 'lied about being raped because she "didn't enjoy" the bad date
and consensual sex she had with a man she met online'
By DAILY MAIL REPORTER
PUBLISHED: 13:41 EST, 4 December 2012 | UPDATED: 14:32 EST, 4 December 2012

Forced Treatment OK If Person Is Disabled?

It is amazing the difference in how courts treat women owning their bodies and persons with disabilities. In an opinion piece by a Lesley College student she says,

http://digboston.com/think/2012/03/yes-virginia-there-is-a-fourteenth-amendment/

YES, VIRGINIA, THERE IS A FOURTEENTH AMENDMENT
Posted on March 1, 2012
by KELLY BROLIN

"We have rights that allow us to have control over our bodies, our words and our actions.
[. . .]
Does the government have a place between a woman and her doctor?
[. . .]
How can you promote individual lives and curb individual rights simultaneously?"

But the government may impose its will on persons with disabilities obliterating the legal notion of consent. Why do women own their bodies regarding abortion, but persons with disabilities lose ownership rights. Under what constitutional provision does disability deny a person any rights?

http://www.boston.com/news/nation/articles/2012/03/05/loughner_loses_appeal_over_forced_medication/

Loughner loses appeal over forced medication
By Jacques Billeaud
Associated Press
Boston Globe
March 5, 2012

Do Psychiatric Evaluations Violate Laws?


"If he's becoming a little more honest . . . he would have less anxiety," said Palm Beach sports psychologist Dr. John Murray. "He would sleep better at night and be more relaxed. More focused. That is key." (ANGELA MONTEFINISE and DOUGLAS MONTERO, "A-Rod on Kate & narrow," New York Post, October 11, 2009) Under US HIPAA laws it is a violation to reveal medical records without consent. This psychologist evaluates Alex Rodriguez without having met him and without his consent. Of what value is this fantasy? On what science does this sports psych impose on Rodriguez a pattern that may not apply to him? A-Rod is a superstar. How can psychologist (Dr.??? Murray) include superstars into their stereotypes of typical males?

Psychiatrists and psychologists have no fear making unlawful evaluations of persons with disabilities because the laws are seldom enforced to protect them. Compounding this abuse journalists publish the illegal work product and celebrate fantasies which may be harmful to the careers and reputations of the involuntary subjects evaluated.

http://www.nypost.com/p/news/local/rod_on_kate_narrow_j7lonWnORx6KKt5BpfNkMO

A-Rod on Kate & narrow
Love is a game changer
By ANGELA MONTEFINISE and DOUGLAS MONTERO
New York Post
Last Updated: 6:11 AM, October 11, 2009
Posted: 3:22 AM, October 11, 2009