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

November-01-06

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

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 Marylandís 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 "You should have the right to say no at anytime and that should mean no and if sexual acts continue after you've withdrawn your consent, they should be considered a crime," said Jennifer Pollitt Hill, a member of the Maryland Coalition Against Sexual Assault, to WJZ, a local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


© 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

7/30/2014 Fifth Circuit Court Rules In Favor Of Mississippi's Last Clinic - Mississippi's last remaining abortion clinic will remain open after a the US Court of Appeals for the Fifth Circuit upheld a preliminary injunction against HB 1390, the Mississippi TRAP (Targeted Regulation of Abortion Providers) law requiring abortion providers to obtain admitting privileges at area hospitals. Had the court not upheld the lower federal's court's injunction, HB 1390 would have shuttered Jackson Women's Health Organization (JWHO), the state's only comprehensive reproductive health center. . . .
 
7/30/2014 Legislation Introduced to Establish Fair Work Scheduling Practices - Representatives George Miller (D-CA) and Rosa DeLauro (D-CT) introduced a bill last week that aims to protect hourly workers from scheduling abuses and allow for greater flexibility and certainty around their work schedules. The Schedules that Work Act (HR 5159) will protect employees from retaliation if they request a more flexible or stable schedule, require that retail, food service and cleaning employees receive their work schedules at least two weeks in advance, and create a process for employers to consider special scheduling requests of employees. . . .
 
7/30/2014 North Carolina Mayor Journeys 273 Miles for Medicaid Expansion - After journeying 273 miles on foot, Adam O'Neal, Republican Mayor of Belhaven, North Carolina, arrived on the lawn of the US Capitol earlier this week for a special Moral Monday gathering. . . .