At the end of the day, I think it is very possible that Allison Mack could make a criminal complaint against Keith Raniere for rape based on my analysis of New York State law.
This would not be something that would be prosecuted by the feds. Rape is a state crime.
By her so doing, it would be a fine gesture and might set some precedent. It might also help her reestablish her reputation – or establish it as more of a victim than brutal perpetrator.
As it is there is an ongoing debate as to which she truly is.
Allison Mack has become a very polarizing figure on the Frank Report.
There are some who see her as a victim, some who see her as a perpetrator, and some who see her as both.
Valid arguments have been advanced for all three labels – and since she was never subjected to any sort of questioning under oath, we may never have a definitive answer as to how we should regard Allison.
Rather than try to resolve that issue, let me raise an even thornier one: did Keith Raniere rape Allison Mack?
What Constitutes Rape in New York State?
New York State recognizes three levels of rape.
Third Degree Rape: This occurs when a person engages in sexual intercourse with another person who (a) is incapable of consent by reason of some other factor than being less than 17 years old; (b) is less than 17 years old and the defendant is 21 years old or older; or (c) who withholds consent for some other reason than being incapable of consenting.
Second Degree Rape: This occurs when a person engages in sexual intercourse with another person who (a) is less than 15 years old and the defendant is 18 years old or older; or (b) who is incapable of consent by reason of being mentally disabled or mentally incapacitated.
First Degree Rape: This occurs when a person engages in sexual intercourse with another person who (a) is less than 11 years old; (b) is less than 13 years old and the defendant is 18 years or older; (c) is incapable of consent by reason of being physically helpless – or when the perpetrator uses “forcible compulsion” which is defined as the use of physical force or the threat of immediate death, physical injury, or kidnapping.
So, Did Raniere Rape Allison Mack?
Based on what we know, it seems likely that the sexual relationship between Keith and Allison started out as consensual.
But what about after Keith required Allison to turn over “collateral” to him as part of his requirement to enter into a special relationship with her and later in the setting up of DOS?
As was previously disclosed on Frank Report, Allison’s collateral – which was to be released if she ever broke her commitment to Raniere – consisted of the following:
(1) A letter regarding her mother and father that would “destroy their character”;
(2) A contract that transferred custody of any children she might ever have to Keith;
(3) A contract that transferred ownership of her home to Keith; and
(4) A letter addressed to the state child welfare agency in which she claims her nephews were molested.
Once Keith had Allison’s collateral, was their sexual relationship still consensual?
Did the collateral mean that Allison was no longer capable of consenting to sex with Keith because of her fear that he would release that collateral if she ever refused him?
When did Keith tell Allison that he wanted to start having threesomes with her and other women – before or after she gave him the collateral?
Based on New York State’s current laws, it would be difficult to charge Raniere with First Degree Rape or Second Degree Rape with respect to Allison.
But a prosecutor could certainly make a case for Third Degree Rape if Allison were willing to testify that the collateral made it impossible for her to consent to having sex with Keith – or that she only engaged in certain sexual acts and/or threesomes because of her fear that Keith would release the collateral if she didn’t.
At this point, it seems unlikely that Allison will ever press charges against Keith.
But doing so would certainly give her a chance to clean up her reputation to some degree – and to set the stage for a post-prison career.
Time to Change New York State’s Rape Laws
Despite its reputation as a “progressive” state, New York has been a follower rather than a leader on many social issues in recent years.
Legalizing Marijuana? The all-Democratic legislature and the Democratic Governor have yet to do that.
Legalizing Sports Betting? Yeah, they’re still working on that too.
Not Allowing Legislators To Hold Outside Jobs? Don’t even think of it! Even though they’re the highest-paid legislators in the country, New York’s legislators insist on keeping their outside jobs.
In recent years, other states have been moving towards a broader definition of rape.
For some states, this has involved a move away from the traditional definition of “forced non-consensual sex” to simply “non-consensual sex”.
But other states are considering an even broader change that would simply define rape as “coerced sex”.
One of the primary advocates for this broader approach is Scott Allen Anderson whose article “Conceptualizing Rape As Coerced Sex” summarizes his opinion on the subject.
Anderson argues that a victim’s “consent” or “non-consent” should not be part of the definition of the crime (He does allow that those issues could be part of an alleged perpetrator’s defense).
Instead, he believes that rape should be defined in terms of the perpetrator’s acts and mental state.
Did the perpetrator create and/or take advantage of their superior “power” to induce the victim to engage in sex?
While that “power” could be physical superiority, it could also be the kind of “power” that a supervisor has over an employee.
Or the kind of “power” that a producer has over someone auditioning for a part in a movie.
Or, of course, the kind of power that Keith Raniere had over Allison Mack once she turned over her collateral to him.
Would Allison Have Done the Same Things if There Was No Collateral?
There is no way of knowing whether Allison would have been willing to do all the heinous things she did if she had not given “collateral” to Keith.
Some observers have suggested that she reveled in being Keith’s “Madam Pimp” – and enjoyed inflicting punishment on her “slaves”.
Others have argued that she was simply another one of Raniere’s victims.
It’s hard to calculate exactly how much the “collateral” affected Allison’s decision-making.
But when you combine the “collateral” with the sleep-deprivation, the starvation diet and the mind-fucking that were also part of the Raniere’s repertoire, it’s at least possible to see her in a much more sympathetic light.
What say you, Frank Report readers?
On Friday, March 4, 2016 10:19 AM, Allison Mack <firstname.lastname@example.org> wrote [to email@example.com]
i wanted to reach out to you both and thank you for this morning.
i arrived home and looked at myself in the mirror and what i saw was such beauty and grace.
i am new to this:
to being with more than one person.
to exploring and experimenting with my body and others in a free and open way.
to sharing and releasing and relaxing and enjoying.
the level of vulnerability is high and i feel nervous and insecure.
but when i am with you two something changes. i not only feel allowed to face this vulnerability with encouragement, i laugh my way through it.
i feel such gratitude for you both. you are the most dear souls to me and i feel such motivation to get better in every area of my life so i can provide even half the joy and satisfaction you have been able to introduce to my life.
i fight with my viscera sometimes – the unconventional approach to love and relationships is something i still wrestle with. but your care and commitment makes it so much easier. and what i find on the other side of this struggle is beyond what i ever imagined.
i am so glad to be tied to you for life.
i feel dedicated, eternally, to growing myself into a more loving, more kind, more generous, sensitive and genuine woman – even if it is only to be able to keep up with the two of you in the bedroom. 🙂
i love that i smell like a mixture of you both. i hold your love in my heart, it is obvious from the shine of my eyes.
“from wrong lead me to right.
from darkness lead me to light.
from death lead me to immortality”
within the shackles of commitment i find the greatest freedom of all. true love.