Deceiving a Partner Into Sex: A Potential Criminal Offense in New York
Consent is required for all sexual interactions that occur between individuals. A proposed New York bill would criminalize deceiving a partner into sex, redefining consent. Here is everything you need to know about consent, and how the definition of consent in New York will be affected by Assembly Bill A6540.
To give consent in the state of New York, an individual must be an adult, in a valid state to give consent and do so willingly. If an individual unwillingly participates in a sexual act, the act is occurring against their consent and is therefore criminalized under New York law. The proposed Assembly Bill A6540 would require that both parties be fully knowledgeable about a sexual act and criminalize deceiving a person into sex, even if the action occurred willingly because it occurred as a result of a falsehood.
Current New York Law on Consent
New York Penal Code Section 130.05 states that consent is violated if it occurred as a result of forcible compulsion, an inability to give consent, or if the consent was not expressively evident through the individual’s conduct.
Section 6441 of New York’s Education Code protects students by establishing that affirmative consent is required in all sexual interactions. An individual must be fully informed about the action and willing to participate; furthermore, consent must be given verbally or through actions that convey a partner’s enthusiasm. This proposed bill would criminalize deceiving a partner into sex, redefining legal consent in New York.
Related: What Consent Looks Like: Guide to Consent
New York Assembly Bill A6540
The proposed bill would affect the definition of consent by requiring that an agreement to a sexual act be a result of a fully informed decision. An individual must willingly agree to the sexual act without any deception or falsehood. Under Assembly Bill A6540, a person could be convicted of sexual misconduct even if their sexual partner gave their consent to engage in the sexual act. The consent would be invalid because they engaged in the act without being fully knowledgeable about the person or the situation at hand. The following are some situations that would be criminalized if the bill becomes enacted into law:
- Two people are in a relationship and have consented to sexual acts before. They are engaging in the act under the assumption that the woman in the relationship is on birth control. The woman decides that she no longer wants to take birth control, but does not inform her partner of her decision. She continues to engage in sexual intercourse with her partner, but he is doing so under the impression that they are taking the necessary precautions to avoid a pregnancy. In this circumstance, the woman could be charged with sexual misconduct because she was withholding information from her partner and not respecting his right to be fully informed about the details concerning their sexual interaction.
- A woman is unknowingly dating a man who is married. The man has made promises of marriage or a serious commitment that he does not intend to keep, but conveys in exchange for the woman agreeing to engage in sexual intercourse with him. The woman would not have engaged in the act if she knew that their relationship was not serious and that she could not expect him to follow through on his promises. In this situation, the man could be convicted of sexual misconduct because he knowingly withheld information about his marital status and lied to the woman about their future in order to convince the woman to have sexual intercourse with him. Her consent was violated because she was not informed about the true nature of their relationship and was deceived.
What Are Possible Consequences of Assembly Bill A6540 Being Enacted as Legislation?
Positive ramifications of this bill include individuals being fully knowledgeable about the circumstances surrounding their agreement. The bill would force all information to be conveyed and protect people from engaging in acts that they would otherwise not have engaged in. A possible negative consequence is that this new bill would increase the number of individuals who could be accused of sexual misconduct and aid mass incarceration. This proposed bill would criminalize deceiving a partner into sex, redefining legal consent in New York.