MD Court-New Rape Ruling: Women CAN'T SAY NO After Sex Has Started [View All]

[kpete]

Women can’t say no after sex has started, according to a ruling on a rape law by a Maryland court.


MARYLAND COURT'S INTERPRETATION OF RAPE LAW IS PREDICATED ON THE NOTION OF WOMEN AS CHATTEL
Yesterday a mid-level state appellate court in Maryland interpreted Maryland's common law in such a way as to preclude women from withdrawing consent to sex after penetration has occurred. The court itself admits that this ruling is predicated on ancient views of women as chattel whose value is lost upon penetration, rather than independent human beings whose suffering matters. The court took the position, however, that under the law of stare decisis (the obligation of a court to follow precedent), only the Maryland Supreme Court or the legislature could alter this outcome.

The case is Baby v. Maryland, __ A.2d ___ (Md.App. 2006). According to the young woman's testimony, the defendant asked to have sex with her and she consented on the condition that he would stop when she told him to. She testified that the penetration hurt "so I said stop and that's when he kept pushing it in and I was pushing his knees to get off me." After she told him to stop, he continued to "keep pushing it in" for about "five or so seconds."

For reasons that I won't get into in this post, the prosecution's theory in this case was that the whole situation was coerced and that her consent was not freely given in the first place. The jury, however, asked this question during their deliberations: "If a female consents to sex initially and during the course of the sex act to which she consented, for whatever reason, she changes her mind and the man continues until climax, does the result constitute rape?"

more at:
http://happyfeminist.typepad.com/happyfeminist/2006/10/maryland_court_.html