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

12/18/2014 New Jersey is Inching Closer to Mandatory Paid Sick Leave Statewide - The Assembly Budget Committee of the New Jersey state legislature approved a paid sick leave bill Monday by a 6-4 vote. If the bill is passed, New Jersey workers will earn one hour of paid sick leave for every 30 hours worked. . . .
 
12/18/2014 American Apparel Hired Its First-Ever Woman Chief Executive to Replace Dov Charney - Six months after retail store American Apparel fired its chief executive and founder Dov Charney, the company has hired retail executive Paula Schneider as a replacement. Schneider, who will become American Apparel's first female chief executive, will take over the position as of January 5. Charney had led American Apparel since 1998 and became well-known from American Apparel's sexist advertising and from several sexual harassment lawsuits and sexual assault accusations against him by former employees. . . .
 
12/18/2014 Obama's Judicial Appointments Most Diverse in History - Congress came to a close on Tuesday night with the Senate confirmation of 12 new federal judges and 12 executive appointments - including Vivek Murthy as Surgeon General, Sarah Saldana as head of Immigration and Customs Enforcement, and Tony Blinken as deputy Secretary of State. . . .