Skip to main content

Saying ‘no’ during sex isn’t enough for rape, court says

Saying ‘no’ during sex isn’t enough for rape, court says
Kathleen Cullinan, The Examiner
Nov 1, 2006

BALTIMORE - A teenage woman who agreed to have sex with another teen, but told him to stop before they were finished was not raped under Maryland law if he ignored her request, an appeals court said.

Reversing a Montgomery County man’s rape conviction on the ground that the trial judge improperly responded to a question from the jury, the Court of Special Appeals said Monday that “no rape occurred if the jury found that” the 18-year-old woman in the case “withdrew her prior consent after penetration.”

However, a refusal to stop might constitute assault, the court said.

Activists and several legislators were quick to condemn the ruling, and the state law they said it relied upon.

“If you’re a teenage girl and you [decide] to have sex with your boyfriend, and no sooner than the deed is begun you think, ‘Oh my God, what am I doing? I could get pregnant, I could ruin my life’ — and you scream, ‘Get off me,’ ” said Kim Gandy, president of the National Organization for Women. “This ruling says that he can pin you down and keep going.”

Several years ago in Annapolis, one legislator said, efforts to create a “no means no” standard, under which a partner can withdraw legal consent during sex, failed.

Del. Jean Cryor said at most the current law is ambiguous on that point. She predicted that in the wake of Monday’s ruling, lawmakers would resurrect their efforts to “bolster it, redefine it, sharpen it.”

Maouloud Baby was 16 years old in 2003 when he found himself alone with the woman in the back seat of her car, according to the appeals court’s ruling. She told him they could have sex as long as he stopped when she asked him to, the documents say.

But as they were beginning, the woman told a prosecutor, she asked Baby to stop and he didn’t for several seconds.

An attorney for Baby declined to comment on the ruling, calling it self-explanatory.

Popular posts from this blog

Texas State Affairs Committee hears testimony on two adoption bills

On March 27, 2017, Ms. Cochran-Green testified before the Texas Senate State Affairs Committee on two adoption-related bills, SB 329 and
SB 1362.  You can watch the live testimony here. Ms. Cochran-Green's testimony is the Part 1 of the State Affairs Meeting on March 27.  Her testimony is in the second hour and she testified separately on each bill.

SB1362 is authored by Sen. Campbell in which she proposes changes to the voluntary adoption registry.  Ms. Cochran-Green testified her opposition to the bill as much of the proposed bill is already codified in the Texas Family Code and is common practice among adoption agencies.

SB329 is authored by Senator Creighton in which he proposes to allow adult adopted persons to obtain their original birth certificates at the age of 18.  Ms. Cochran-Green supports this bill as it allows adopted persons in closed adoptions primarily from the 1930s-1990s to seek reunions with their birth parents and obtain medical history that is needed.  This…

Mother's Day: A Time for Reflection and Celebration

This is the time of year that we celebrate motherhood, not only the day-to-day life of being a mom, but also the journey itself.  For some, infertility challenges that journey.  Thankfully there are more options than ever for those who want to become a mother. For many, like myself, the solution was adoption.  I am so thankful for the miracle of adoption, but is it right for you?  The following questions may help you find your answer.
Are you emotionally prepared for adoption? As with making any family planning decision, adoption requires a lot of self-reflection. It also requires that you come to terms with any grief you are experiencing resulting from infertility issues. A friend who adopted told me that she decided to adopt because the chances of becoming a parent were much higher than IVF. That’s true, but there are other challenges to consider. Open adoption is now the norm and it is recommended by experts in the field. Consequently, birth parents will become a part of your famil…

Documents Every Graduating Senior and College Student Needs

Now that high school graduation is upon us, it’s a time for celebration and reflection for parents and students alike. For parents, you now face the fact that your little bird is leaving the nest.  Is he or she ready? Legally, they are adults now and entitled to privacy protections. This means that even though your child may be relying on your financial support, privacy laws prohibit financial institutions, medical providers and colleges from disclosing private information concerning your child unless authorized. In case of an emergency, your child needs the following documents in place for you to be able to help them and make decisions on their behalf:
  1. Durable Power of Attorney: This document allows you to manage their financial affairs (either immediately or in the future) should they travel abroad or become mentally or physically unable to do so. This includes managing their financial accounts,  renewing their car registration, or filing a tax return on their behalf.
  2. Medica…