Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["Ross A Wantland" <>]

For those of you who haven't seen this yet...crap.

Ross

 

(From Feminist.com) 


MD Court Rules Consent Only Needed Prior to Sexual Act in Alleged Rape
Cases 


Feminist Daily News Wire
November 1, 2006


A three-judge panel of the Maryland Special Court of Appeals reinforced
the provision of Maryland's rape law that says a woman who gives consent
prior to intercourse cannot withdraw her legal consent during the act.
The decision came on Monday when the Court overturned a rape conviction.
During deliberation in the original trial, the jury had asked, "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?" The
trial judge said that Maryland's law was unclear and would not provide a
definite answer. The Special Court of Appeals, however, disagreed with
the trial judge's interpretation of the law. Current Maryland rape law
is "not ambiguous," said the ruling; if a woman consents prior to sex,
she may not withdraw her consent during the act and accuse her partner
of rape if he continues the act.

Women's rights groups are outraged by the ruling. "You should have the
right to say no at anytime and that should mean no and if sexual acts
continue after you've withdrawn your consent, they should be considered
a crime," said Jennifer Pollitt Hill, a member of the Maryland Coalition
Against Sexual Assault, to WJZ, a local television station. According to
WJZ, several decision-makers have already said they wish to address the
issue in the upcoming legislative session, though legislation that would
have given women the right to withdraw consent at anytime has failed in
both 2004 and 2005. 

Maryland is one of two states that have ruled that women do not have the
right to withdraw consent. Seven other states have ruled that women may
withdraw consent at anytime.

Media Resources:Associated Press 10/31/06; WJZ 11/1/06; Maouloud Baby v.
State of Maryland 10/30/06

 

 

_____________________________________

Ross A. Wantland

Coordinator of Sexual Assault Education

300 Student Services Bldg. (MC-306)

610 E. John St.

Champaign, IL 61820

217-333-3137