Tuesday, November 14, 2006
Maryland Rape Law
clock Nov 1, 2006 7:37 am US/Eastern
Court Makes Ruling On Maryland Rape Laws
Image
Kathryn Brown
Reporting
(WJZ) Baltimore, MD A bold ruling leads to anger, as a Maryland Court redefines the meaning of rape.
The ruling from the court says if a woman withdraws her prior consent once intercourse has already begun, then that consent stands, and CANNOT be considered rape. It's igniting fury among women's rights groups who advocate a woman's right to say no to sex at anytime, that however is not in line with Maryland laws.
WJZ'S Kathryn Brown spoke to a member of the Maryland Coalition Against Sexual Assault. "You should have the right to say no at anytime and that no should mean no and if sexual acts continue after you've withdrawn your consent, they should be considered a crime." said Jennifer Pollitt Hill.
Under current Maryland laws in the commission of a rape, consent maybe not be withdrawn during the act of intercourse and consent must precede the penetration.
"It's dangerous because what that does is say to the victim if this ever happens to you don't bother reporting it, and it says to the perpetrator we think your behavior is okay." adds Hill.
Courts in seven states have issued rulings supporting a woman's right to withdraw consent, two including Maryland have rejected it.
Defense Attorney Warren Brown says the laws may be outdated but don't leave women totally without protection. "Get off Get off No No NO Stop Stop and they continue under Maryland law that's not rape. But then it becomes an assault., and hell you can get ten years for an assault."
Bills allowing a woman to withdraw her consent at anytime failed in Maryland in 2004 and 2005. Now some lawmakers say the ruling could be just the push they need to get it through.
"The legislature's going to be called upon to decide where's the middle ground there." added Brown.
Some lawmakers have already say publicly they intend to address the issue during the upcoming general assembly.
link to original article
http://wjz.com/topstories/local_story_304214927.html
link to further information (opinion link can be found on this page)
http://lawprofessors.typepad.com/crimprof_blog/2006/11/maryland_court_.html
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can someone please explain to me how this is a damn law?
S
> |
Court Makes Ruling On Maryland Rape Laws
Image
Kathryn Brown
Reporting
(WJZ) Baltimore, MD A bold ruling leads to anger, as a Maryland Court redefines the meaning of rape.
The ruling from the court says if a woman withdraws her prior consent once intercourse has already begun, then that consent stands, and CANNOT be considered rape. It's igniting fury among women's rights groups who advocate a woman's right to say no to sex at anytime, that however is not in line with Maryland laws.
WJZ'S Kathryn Brown spoke to a member of the Maryland Coalition Against Sexual Assault. "You should have the right to say no at anytime and that no should mean no and if sexual acts continue after you've withdrawn your consent, they should be considered a crime." said Jennifer Pollitt Hill.
Under current Maryland laws in the commission of a rape, consent maybe not be withdrawn during the act of intercourse and consent must precede the penetration.
"It's dangerous because what that does is say to the victim if this ever happens to you don't bother reporting it, and it says to the perpetrator we think your behavior is okay." adds Hill.
Courts in seven states have issued rulings supporting a woman's right to withdraw consent, two including Maryland have rejected it.
Defense Attorney Warren Brown says the laws may be outdated but don't leave women totally without protection. "Get off Get off No No NO Stop Stop and they continue under Maryland law that's not rape. But then it becomes an assault., and hell you can get ten years for an assault."
Bills allowing a woman to withdraw her consent at anytime failed in Maryland in 2004 and 2005. Now some lawmakers say the ruling could be just the push they need to get it through.
"The legislature's going to be called upon to decide where's the middle ground there." added Brown.
Some lawmakers have already say publicly they intend to address the issue during the upcoming general assembly.
link to original article
http://wjz.com/topstories/local_story_304214927.html
link to further information (opinion link can be found on this page)
http://lawprofessors.typepad.com/crimprof_blog/2006/11/maryland_court_.html
-----------------------------------------------------------------------------------
can someone please explain to me how this is a damn law?
S
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