It's Not Rape If a Woman Changes Her Mind

BPSCG

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Your daily "WTF?"...

ROCKVILLE, Md. - If a woman consents to sex and changes her mind mid-act, that's not considered rape, according to the Maryland Court of Special Appeals.

A Montgomery County teen was convicted of rape by a circuit court jury after an 18-year-old woman testified that he continued having sex with her after she said she was having pain. The woman had just had sex in a car with the teen's friend.

The appeals court ruled that Maryland law does not consider consent revocation the same as rape.
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Kind of like "hot blooded" self defense? There are times when emotions run so high that you can't be expected to control yourself.
 
casebro said:
Kind of like "hot blooded" self defense? There are times when emotions run so high that you can't be expected to control yourself.
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I think that may be crux of the matter, but also depends on the extent to which you communicate your withdrawal of consent. If you allow a man to penetrate you and...er...get going, then it would cause him physical discomfort to have to stop, and is actually quite difficult, emotionally, for him to do so. If there is any doubt in his mind that you are serious, he may well carry on regardless.

However, if you are screaming "NO!" in his ear and fighting with all your might to push him away, then the guy has no reason to believe you want to continue and is obliged to stop. That this guy didn't is inexcusable.
 
I'd want to see the actual findings before passing judgment on this.

I think TK has it correct from a physical standpoint; from a moral standpoint, I could envision arguing that failure to stop is not equivalent to forcing her to start.

From a legal standpoint, lines must be drawn somewhere, with perhaps room for judgment. Which is why we call them judges.
 
tkingdoll said:
It doesn't hurt you to withhold ejaculation?
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No; it's kind of annoying but not painful (maybe when I was 16, I dunno)

Besides, it takes a while to work up to that point anyway. Once again, not 16 anymore.
 
tkingdoll said:
It doesn't hurt you to withhold ejaculation?
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No. No pain and no injury.

Extreme discomfort, and I think there exists a "point of no return" which probably varies from male to male and which is likely impossible (or at least impractical) to measure or define.

But "hurt?" Nope.
 
tkingdoll said:
It doesn't hurt you to withhold ejaculation?
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Well, sometimes, after going for several weeks without sex (and without masturbation) it does hurt... but sometimes we've been exaggerating a little...
 
I'm trying to figure out what theory of law says that a man may touch a woman even after she tells him to stop touching her. She's not allowed to change her mind? His right to have sex with her once he's started trumps her right to refuse?

I'd expect this in Iran - not the U.S.
 
El Greco said:
Ah, the old days... when we've been telling girls that we are in terrible pain and the only way to relief it was to have sex :D
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Heh, as I posted that it occured to me that my belief that a man 'must finish' might say more about my ex-boyfriends than I realised :D
 
We really need a manslaughter equiverlent for rape.
 
tkingdoll said:
Heh, as I posted that it occured to me that my belief that a man 'must finish' might say more about my ex-boyfriends than I realised :D
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*James Earl Jones voice*

If you stroke (build) it they will come.

*runs for cover*

DR
 
BPSCG said:
I'm trying to figure out what theory of law says that a man may touch a woman even after she tells him to stop touching her. She's not allowed to change her mind? His right to have sex with her once he's started trumps her right to refuse?

I'd expect this in Iran - not the U.S.
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At risk of being labeled some very bad things I'm going to try a very bad analogy.

Suppose you break into my house (through a window) and take a handful of candy out of the jar I keep on my coffee table.

Now suppose you're a friend and you know where I hide my spare key under a rock, but you've been told only to use it in an emergency. Then you use it because you really really want candy and the only candy available is in the jar on my coffee table.

Now suppose you're my friend and I've invited you in the house and we're sitting on the couch talking, eating candy from the jar, until you say something that offends me deeply and I tell you to leave immediately. You do so, but as you stand up you grab another handful of candy from the jar.


The last handful in the third scenario is technically theft, but would you place it in the same category as the first or even the second?
 
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