{"title":"Modern Law’s Sharp Divide Between Deception Within and Outside Intimacy","authors":"J. Hasday","doi":"10.1093/OSO/9780190905941.003.0006","DOIUrl":"https://doi.org/10.1093/OSO/9780190905941.003.0006","url":null,"abstract":"This chapter explores the judiciary’s routine refusal to allow deceived intimates to access the remedies that are available for deception in other contexts. The persistently differentiated treatment of intimate deception has heightened consequences because courts often define intimacy broadly to include relationships that were not developed or long-lasting. One woman did not even meet the person who targeted her for a relentless campaign of deceit until close to the time when her deceiver was unmasked, but lost her suit because the court concluded that she was deceived within a “personal relationship.” Judges frequently stress their overarching commitment to shielding intimate deceivers even when ruling for the occasional plaintiff. For example, a court will make clear that it is allowing a particular deceived intimate to pursue her suit only because the litigation advances other public policy goals, such as the public health interest in deterring the spread of sexually transmitted disease.","PeriodicalId":146003,"journal":{"name":"Intimate Lies and the Law","volume":"255 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121300809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Legal History of Intimate Deception","authors":"J. Hasday","doi":"10.1093/OSO/9780190905941.003.0005","DOIUrl":"https://doi.org/10.1093/OSO/9780190905941.003.0005","url":null,"abstract":"This chapter places modern law in historical context. Over the course of the twentieth century, some legal remedies for intimate deception disappeared or became much less valuable. First, starting in 1935, a wave of state “anti-heart balm” laws abolished causes of action for seduction and breach of promise to marry that some women had been using to sue intimates who deceived them. Courts then interpreted anti-heart balm statutes expansively, relying on the laws to block a wide array of claims against deceptive intimates. Second, changing norms about race and gender left judges unwilling to grant redress for some types of intimate deception that they had once been willing to remediate. Third—and most significant in diminishing the volume of litigation—the advent and swift spread of no-fault divorce starting in 1970 meant that securing an annulment or fault-based divorce because of intimate deception became a much less valuable remedy.","PeriodicalId":146003,"journal":{"name":"Intimate Lies and the Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129490422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"What Injuries Can Intimate Deceivers Inflict?","authors":"J. Hasday","doi":"10.1093/OSO/9780190905941.003.0004","DOIUrl":"https://doi.org/10.1093/OSO/9780190905941.003.0004","url":null,"abstract":"This chapter draws on lawsuits, first-person accounts, and social science research in exploring the damage that intimate deceivers can inflict on the intimates they target as well as on third parties and even society at large. At the start, it is important to recognize that intimate deception can cause financial and bodily injuries—the sorts of harms that the law is usually most eager to redress. Intimate deception can also create unexpected vulnerability to criminal prosecution and other legal harms. Deceit frequently costs deceived intimates wasted time and lost opportunities. And of course, people often suffer psychologically and emotionally when their intimates deceive them. Indeed, some deceived intimates report that what hurt most was that their trust had been betrayed. Others emphasize that the most damaging aspect of being duped was that the experience undermined their confidence in their ability to judge people.","PeriodicalId":146003,"journal":{"name":"Intimate Lies and the Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121735878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Why Do People Deceive Their Intimates?","authors":"J. Hasday","doi":"10.1093/OSO/9780190905941.003.0002","DOIUrl":"https://doi.org/10.1093/OSO/9780190905941.003.0002","url":null,"abstract":"This chapter focuses on what motivates intimate deceivers, presenting a taxonomy of common motivations. The book starts by examining deceivers because legal and popular scrutiny of intimate deception too often begins with the people who have been deceived, faulting them for having been fooled. Although there can be substantial variations between individual cases, the motivations behind intimate deception tend to reflect recurring themes. Psychological factors can make some people more likely to deceive their intimates. In addition, there can be tremendous concrete and practical incentives to deceive intimates or to deceive people into intimacy—and the law itself has created or exacerbated some of those incentives. Courts denying remedies sometimes minimize or discount the role that deception played in an intimate relationship. But exploring why people deceive their intimates reveals that deceit can be crucially significant to relationships and can produce enormous benefits for deceivers.","PeriodicalId":146003,"journal":{"name":"Intimate Lies and the Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114463372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Intimate Deception Outside of Romantic, Sexual, or Marital Relationships","authors":"J. Hasday","doi":"10.1093/OSO/9780190905941.003.0008","DOIUrl":"https://doi.org/10.1093/OSO/9780190905941.003.0008","url":null,"abstract":"This chapter explores deceit between family members who are not connected to each other as spouses, sexual partners, or romantic interests. The premise that the law should protect intimate deceivers still appears here, but is almost exclusively confined to cases considering parents who have deceived their children—including their adult children. Judges are often unwilling to penalize deceptive parents and quick to blame children for having been duped. When the parties are reversed, however, courts are frequently eager to grant remedies to parents suing deceitful adult children and willing to empower parents to inflict their own penalties on deceptive children below the age of majority. Moreover, when courts move beyond marital and parental relationships to consider deception by other relatives, they routinely presume that the judiciary should treat these family members—deceitful siblings, aunts, uncles, nieces, nephews, and the like—as if they were unrelated to the people they deceived.","PeriodicalId":146003,"journal":{"name":"Intimate Lies and the Law","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133475656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Why Does Intimate Deception Work?","authors":"J. Hasday","doi":"10.1093/OSO/9780190905941.003.0003","DOIUrl":"https://doi.org/10.1093/OSO/9780190905941.003.0003","url":null,"abstract":"This chapter considers why deceivers often succeed in duping their intimates. Judges frequently blame deceived intimates for having been fooled, but detecting intimate deception can be very difficult. First, almost all of us have much less ability to spot deception than we may like to imagine. Second, powerful social norms discourage the investigation of intimates. Third, it is often difficult or impossible to mount an investigation without the investigation itself jeopardizing or ending the relationship because the investigated person finds out about it. Practical realities often preclude reconnaissance without the subject’s knowledge. Moreover, the law prohibits—for legitimate and important reasons—many forms of research into someone else’s life without the subject’s consent. It is deeply ironic for courts to fault plaintiffs for not swiftly uncovering intimate deception when laws protecting privacy and security make investigating a potentially deceptive intimate without that intimate’s consent much more difficult.","PeriodicalId":146003,"journal":{"name":"Intimate Lies and the Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131833943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Legal Protection of Ordinary Deception in Courtship, Sex, and Marriage","authors":"J. Hasday","doi":"10.1093/OSO/9780190905941.003.0007","DOIUrl":"https://doi.org/10.1093/OSO/9780190905941.003.0007","url":null,"abstract":"This chapter explores the law’s commitment to preserving the existing norms and practices that shape courtship, sex, and marriage. Judges are much less likely to provide remedies for examples of intimate deception they believe are commonplace and more likely to give remedies in cases they think are deviant and unusual. When judges assume that many forms of deceit are typical in courtship, sex, and marriage, they help make that so—normalizing the deception by protecting it from legal disapproval and redress. This dedication to safeguarding ordinary deception in intimate relationships has also functioned to protect extraordinary deceit. Courts have sometimes denied remedies for admittedly egregious intimate deception out of concern that providing redress might create a slippery slope that would ultimately jeopardize more ordinary deceivers. Indeed, the judicial commitment to shielding commonplace intimate deception has even helped defendants who deceived business competitors or government officials.","PeriodicalId":146003,"journal":{"name":"Intimate Lies and the Law","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116923056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Conclusion","authors":"J. Hasday","doi":"10.1093/oso/9780190905941.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780190905941.003.0010","url":null,"abstract":"Deceit within intimate relationships is a persistent part of life and a consistent issue for the law. The legal rules, practices, and presumptions governing intimate deception have attracted little attention, remaining overlooked or assumed in the background rather than studied in the light. But this far-reaching body of law shapes both the everyday details and the overarching course of many lives, structuring people’s decisionmaking, struggles, and opportunities. Intimate deception and the law governing it require much more critical scrutiny. The law of intimate deception is too important and needs too much reform to be hidden in plain sight.","PeriodicalId":146003,"journal":{"name":"Intimate Lies and the Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128891168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Work to Be Done","authors":"J. Hasday","doi":"10.1093/OSO/9780190905941.003.0009","DOIUrl":"https://doi.org/10.1093/OSO/9780190905941.003.0009","url":null,"abstract":"This chapter focuses on law reform. I argue that courts are more likely to reach wise decisions if they begin with a rebuttable presumption that a plaintiff suing a deceptive intimate will have the same causes of action available to her that she would have when suing an equivalently deceptive nonintimate. I also explore how to improve the legal regulation of intimate deception before plaintiffs file suit. The law now adds to the tremendous incentives that can exist to deceive an intimate, but legislatures and courts should instead work to counter such incentives. The law often helps people succeed in duping their intimates and taking advantage of them, but legislators and judges should instead look for opportunities to thwart deceivers. In short, legal reforms designed to better recognize, prevent, and remediate harms inflicted through intimate deception should reorient the judicial response to litigation and also extend beyond courtrooms.","PeriodicalId":146003,"journal":{"name":"Intimate Lies and the Law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117091434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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