Maryland expands definition of rape
“The explanation of rape just expanded in Maryland, where the highest state court ruled yesterday that a man could be charged with raping a woman who withdraws consent after they started having sex. He was convicted of first-degree rape in December 2004 after jurors heard testimony that the 16-year-old continued having sex with an 18-year-old woman for “about five or so seconds” after she told him to stop. “Rape is a terrible, coward, and weak thing to do. It is, in my opinion, the worst crime (next to the murder). Sometimes there are no doubts or questions, but what should the court do in this case. This kid was sentenced to 15 years in prison!! I think that is little to harsh. He made a terrible mistake, but I do not think that he should spend 15 years in prison because he was “late” 5 seconds. I cannot judge that girl, because I do not know her, but if he was already in her bed and she said yes, how is that a rape. 7 other states have adopted the same law. Courts are concern that many false accusations are going to be made. The other problem is how can you determine if he stopped on time or if he was late. Are 2 minutes same as 5 seconds? This is what same court ruled back in 1980:“Given the fact that consent must precede penetration, it follows in our view that although a woman may have consented to a sexual encounter, even to intercourse, if that consent is withdrawn prior to the act of penetration, then it cannot be said that she has consented to sexual intercourse. On the other hand, ordinarily if she consents prior to penetration and withdraws the consent following penetration, there is no rape.”Definition of rape: Rape is a form of assault where one individual forces another to have sexual intercourse against that person’s will. It may be defined as forcing a person to submit to any sex act, and is generally considered one of the most serious sex crimes, as well as sometimes very difficult to prosecute.Rape can be very traumatic and upsetting for a victim. It takes years to recover. Sometimes victims do not recover. They are scared that is going to happen again. Are 5 seconds going to be traumatic for a victim? We do not know that, but this decision potentially means that all sex is rape. This case is not going to be a last one, because it happened before. Even though I feel sorry for that girl, I think that 15 years is too much! Video: http://www.cnn.com/video/#/video/bestoftv/2008/04/22/mg.morrow.eiglarsh.int.cnn Trial: http://www.courts.state.md.us/opinions/cosa/2006/225s05.pdf
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