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

7/25/2014 Senate Foreign Relations Committee Passes Disabilities Treaty - By a vote of 12 to 6, the Senate Foreign Relations Committee agreed to recommend ratification of the United Nations Convention on the Rights of Persons with Disabilities to the full US Senate. "One hundred forty six nations and the European Union have ratified the Disabilities Treaty, but it will require American leadership to ensure the treaty's protections become a reality," said Senator Bob Menendez (D-NJ), Chair of the Foreign Relations Committee. . . .
 
7/25/2014 Women's Equality Party Launched in New York - In November, voters in New York may elect the first Women's Equality Party ticket. . . .
 
7/24/2014 Feminist Leaders and Activists Rally for the Equal Rights Amendment - This morning, Congresswomen Carolyn Maloney (D-NY) and Jackie Speier (D-CA) led a solid crowd of Equal Rights Amendment activists and supporters just beyond the steps of the U.S. . . .