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

For what it's worth -- 

I wrote an amicus brief on exactly this issue for he California Supreme Court 
in the John Z case a couple of years ago.  This Maryland court is probably 
setting up the case for reversal by the Maryland Supreme Court as indicated 
by their own language stating that they don't have the authority to reverse a 
ruling by the higher court but the higher court does.

The California Supreme Court easily fixed one of its old rulings that had 
declared a woman could not change her mind post-penetration -- and my brief 
was successful -- but there was one dissenting voice on teh court and it was 
a woman so be careful when assuming women judges are necessarily better on 
these issues -- my experience is the opposite -- gender is no guarantee of 
enlightenment.

I have offered to restructure my amicus brief from the Maryland case and 
submit it to the Maryland Supreme Court -- and I hope it helps.  Folks who 
want to sign on to this brief are weldome to do so -- it will likely have 
more of an impact than letters to the court though you can certainly do both.

Finally - it is interesting to note that the Maryland appellate court's 
rulign cites to a California court decision -- Vela -- which was reversed in 
my John Z. case -- but they appear not to know this or to even be aware of 
John Z - which is the most recent and most thoughtful decision on the issue.

This oversight will also help the Maryland Supreme Court do the right thing.

Wendy Murphy