negligent sexual fraud

Let's say I steal $10,000 from you.  I owe you lots of money for this.  I owe you:

1. your money back.
2. any costs you incurred trying to get that money from me.
3. compensation for any inconveniences resulting from the loss.
4. market returns on all of that money for as long as it takes me to pay you back.

Now lets say I sell you a car for $10,000.  I know that the car is a piece of junk, but I tell you the car will last you for the rest of your life.  I tell you it will never break down.  You pay me for the car.  And 3 weeks later, the car completely breaks down.  What do I owe you?  well:

1. your money back.
2. any costs you incurred trying to get that money from me.
3. compensation for any inconveniences resulting from the loss.
4. market returns on all of that money for as long as it takes me to pay you back.

The situation is exactly the same as when I just stole the money from you.  Whether I steal your money, or trick you into giving it to me, it's exactly the same crime.  I owe you exactly the same compensation.

Now lets go back to that car I sold you.  Let's say that when I told you that the car would last you for the rest of your life, I believed it.  I truly believed that this car would never break down, and I was so sure of it, that I convinced you that it was true.  And 3 weeks later it broke down.  What do I owe you?  Well:

1. your money back.
2. any costs you incurred trying to get that money from me.
3. compensation for any inconveniences resulting from the loss.
4. market returns on all of that money for as long as it takes me to pay you back.

This is what I would call negligent fraud.  And again, it's exactly the same crime.  It doesn't matter if I'm sinister or stupid.  It doesn't matter if I deliberately rob you of your savings or if I accidentally sell you a lemon. It's exactly the same crime.  I owe you exactly the same compensation.

The situation gets more complicated when violence is introduced.  If I threaten to shoot you if you don't give me your money, in addition to points 1 through 4, I also owe you:

5. The cost of therapy to process the trauma.

And if I actually shoot you in the process of the theft, I also owe you:

6.  the cost of hospitalization and ongoing treatment.

7. compensation for any permanent disability resulting from the attack.


This analysis applies equally to sex crimes.

Let's say that I rape you in a way that doesn't involve any physical pain or the threat of any physical pain.  Like if you were in a coma during the act.  Rape is still rape, though.  I owe you as much compensation for the rape itself as I would if I had raped you violently.  The amount I owe you for the rape itself is unclear, and should be determined in a free competitive arbitration market, but whatever amount it is, I at least owe you points 1 through 4.  And no matter how "nonviolent" the act is, it's probably still traumatic and I probably owe you for point 5 as well.

Now let's say that you would only have sex with me if I were in love with you and wanted to be with you forever.  And let's say that I'm not in love with you and don't want to be with you forever, but I lie to you in order to get you to have sex with me.  Then you do have sex with me.  Then 3 weeks later I break up with you.  What do I owe you?

This situation is exactly the same as the "nonviolent" rape.  It's sexual fraud.  I owe you exactly the same compensation.

But what if I truly believe that I'm in love with you.  What If I truly believe that I'm going to want to be with you forever.  Then you have sex with me.  Then 3 weeks later I realize that I was wrong and I break up with you.  What do I owe you?

This is what I call negligent sexual fraud.  And it's exactly the same crime.  I owe you exactly the same compensation.

And I think more importantly, I feel exactly the same guilt.  Stupid is no excuse when other people are getting hurt.