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11-23-06, 03:17 AM #1
Court: Woman Couldn't Withdraw Consent (Maryland) READ TAPOUT!
Court: Woman Couldn't Withdraw Consent
An appellate court says Maryland's rape law is clear, no doesn't mean no when it follows a yes and intercourse has begun.
A three-judge panel of the Court of Special Appeals Monday threw out a rape conviction saying that a trial judge in Montgomery County erred when he refused to answer the jury's question on that very point.
The appeals court says that when the jury asked the trial judge if a woman could withdraw her consent after the start of sex, the jury should have been told she could not. The ruling says the law is not ambiguous and is a tenet of common-law.
The decision startled activists who believe people have the right to say no at any time. Jennifer Pollitt Hill of the Maryland Coalition Against Sexual Assault called the law "insulting and dangerous."
Montgomery Delegate Jean Cryor says the Women's Caucus of the General Assembly would likely examine the decision during the next legislative session.
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Once the act of intercourse has begun, consent can not be withdrawn.
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11-23-06, 08:26 AM #2
Grasshopper
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Huh. Not quite the way I remember that decision when decided in another court.
And Shepards we shall be,
for thee, My Lord, for thee,
Power hath descended forth from Thy hand,
That our feet may swiftly carry out Thy Command.
So we shall flow a river forth to Thee
And teeming with souls will it ever be.
In Nomine Patris, Et Filli, Et Spiritus Sancti.
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