the new definition of rape

Black_Power · (#1 (**permalink**))

Md. court expands definition of rape; woman can revoke consent mid-act

The definition of rape just expanded in Maryland, where the highest state court ruled yesterday that a man could be charged with raping a woman who withdrew consent after they started having sex, according to The Sun.

Maouloud Baby was convicted of first-degree rape in December 2004 after jurors heard testimony that the 16-year-old continued having sex with a woman for "about five or so seconds" after she told him to stop.

The conviction had been overturned by lower-level appellate courts, but the Court of Appeals concluded that no means no, regardless of timing.

"We conclude that post-penetration withdrawal of consent negates initial consent for the purposes of sexual offense crimes and, when coupled with the other elements, may constitute the crime of rape," Judge Lynne Battaglia wrote in the majority opinion, according to the newspaper.

That wouldn't have constituted rape under a previous ruling. In a 1980 case, the same court ruled:

Given the fact that consent must precede penetration, it follows in our view that although a woman may have consented to a sexual encounter, even to intercourse, if that consent is withdrawn prior to the act of penetration, then it cannot be said that she has consented to sexual intercourse. On the other hand, ordinarily if she consents prior to penetration and withdraws the consent following penetration, there is no rape.

Upon conviction, the judge sentence Baby to 15 years in prison, but suspended 10 years of the sentence.

The Sun says seven other states have adopted similar definitions of rape.

Shemsi en Tehuti · (#2 (**permalink**))

Wow...I am speechless. I must say I have never been in any predicament where a woman negated her consent to have sex, but this law is kind of crazy. If a woman is that indecisive to ALLOW PENETRATION by someone who is suspect enough for her to withdraw consent afterwards, I'm not sure she is worthy of claiming rape since she willingly put herself in that compromising position.

Hell, it seems like the sex wasn't good so she told him to stop...LOL. Now he got sent up for 15 years. Too much...

Melissa · (#3 (**permalink**))

Rah! The sex was rubbish so she can say he raped her and get him sent down for 15 yrs? What kind of foolisness?

Black Lion · (#4 (**permalink**))

Fifteen years, jeez.

There was concern in certain parts of Hollywood about the p0rn industry not so long ago. Some actors were taking to some kind of rough p0rn trend where they'd take to all kinds of acts mid intercourse that were taramount to abuse. Speaking as a young man, I had the misfortune to watch one and it was bad, could well have been described as rape with consent, was obvious that the woman wanted them to stop.

Can see how the law could be passed in that respect but 15 years is a harsh sentence for something that was initially consensual and would be difficult, if not impossible to prove in court... would be one persons word against the other.

LadyDay · (#5 (**permalink**))

thats crazy
sex is either yes or no not ok start no stop

chi · (#6 (**permalink**))

Well.....the only instance where this issue of consent seems ok to me is where you give consent, then the guy starts to do some off key/frightening stuff......you know how some people are. If its something you have not bargained for and because of that you want him to stop you should be able to say so. If he realises you are saying no......he should stop.

I dont know about the fifteen years part though, in some circumstances that would be heavyhanded IMO.

I do think there needs to be some more responsibility put on women when it comes to sex and consent though.

Kunjufu · (#7 (**permalink**))

Just read this story and I'm struggling to see how a man deserves 15 years for having consenual sex....thats not right!!!

And how can it be 'rape' if she says no and he doesn't withdraw in an instant...and who gets to decide if he took too long or not..this is totally stupid.. based on this most men could technically be convicted of rape...