Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

January-13-03

CA High Court Rules That Rape is Still Rape if Victim Changes Mind

In a ruling that changes the legal definition of rape in California, the CA Supreme Court ruled recently that rape could still occur if a victim changes his or her mind during sexual intercourse. The 6-1 ruling rejected a 1985 ruling that said that no rape occurs when there is original consent even if the victim changes her mind. “One can readily imagine situations in which the defendant is able to obtain penetration before the victim can express an objection or attempt to resist,” wrote Justice Ming Chin in the courts opinion as reported in the San Francisco Chronicle.

The case involves two teenagers from El Dorado County in March 2000. John Z., the defendant, argued that the sex was consensual. Laura T. said that she tried to end the intercourse and told him three times she needed to go home. “Just give me a minute,” he replied, according to the opinion as reported in the LA Times.

While the Feminist Majority and other women’s groups applaud this decision because rape can often occur without obvious signs of resistance, the likelihood of a conviction without those obvious signs of resistance is still low. According to statistics from the Rape, Abuse and Incest National Network (RAINN), only 39 percent of all rapes are reported to police. Of those cases reported, only 16.3 percent of the perpetrators will end up in prison.

Media Resources: LA Times 1/7/03; SF Chronicle 1/7/03; Sacramento Bee 1/7/03; Associated Press 1/6/03


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

1/27/2016 Study Exposes 'Gender Gap' in Media Coverage of Reproductive Issues - A new study by the Women's Media Center has revealed more than half of news stories focusing on reproductive issues are written by men. According to WMC Media Watch: the Gender Gap in Coverage of Reproductive Issues, men penned 52 percent of bylines discussing issues of reproductive health care - including contraception and abortion - compared to just 37 percent by women. . . .
 
1/27/2016 Taiwan Elects First Woman President - In a landslide victory, the leader of Taiwan's Democratic Progressive Party (DPP) Tsai Ing-wen won the country's presidential election, becoming the first woman in Taiwan's history to hold the position. Emphasizing her party's commitment to maintaining Taiwan's independence from China, Tsai won over young voters eager to usher in a political changing of the guard following some 70 years of dominance by the pro-Chinese unification party, the Kuomintang (KMT), chaired by presidential opponent Eric Chu. . . .
 
1/26/2016 Anti-Abortion Extremists Behind Planned Parenthood Attack Videos Indicted - Two anti-abortion extremists responsible for last year's misleading videos attacking Planned Parenthood have been indicted on criminal charges by a grand jury in Houston, Texas. On Monday, Harris County district attorney Devon Anderson announced that David Daleiden, the director of the Center for Medical Progress (CMP) - the group behind deceptive videos falsely accusing Planned Parenthood of illegally selling fetal tissue - was indicted on a felony charge of tampering with a governmental record and on a misdemeanor charge related to the purchasing of human organs. . . .