Maryland expands definition of rape

Posted on April 23, 2008 by locojordan45.
Categories: Uncategorized.



“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in our view that although a woman may have consented to a sexual encounter, even to intercourse, if that consent is withdrawn prior to the act of penetration, then it cannot be said that she has consented to sexual intercourse.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 

4 comments.

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  Annie
Comment on April 27th, 2008.

Good blog. However it would’ve been easier to read if there were paragraphs. I got the point though which is the important part. I think it’s unfair for a the guy to be in prison for so long after barely given a chance to react. 5 seconds isn’t long enough for some one to back off of a situation like this.

  gstone
Comment on April 27th, 2008.

This is interesting, although it is a horrible thing. Someone’s “mistake” can cost the victim a lifetime of trauma. Its really hard on the victim and the family and friends, I can take years to recover from, some never do. Rapists deserve what they get, I’m sorry that they made the mistake, but they need time to think about what they’ve done.

  rob71339
Comment on April 28th, 2008.

This is just ridiculous. Our court system backfiring on our own citizens. What was the girl thinking when she originally consented? The court needs to make a universal law about consenting. If someone originally consented, then it’s their fault for consenting and they must face the consequences; however, if they take back what they said, they can’t punish the other person because it took them five minutes to stop. This is just absurd and one guy’s life is ruined because he has to spend the next 15 years of his life in jail due too the five seconds it took him to stop. I mean, this could happen to any one of us, and that’s the scariest part. Interesting story, Tory.

  rob71339
Comment on April 28th, 2008.

*Ivan.

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