Is It Rape?

February 6, 2007 on 2:52 pm | In Worldview/Life, Politics, News |

Yeah, this is going to be one of those serious entries about a very important subject. There’s no question that rape is a horrible, horrible crime and rapists should be punished severely. But there’s a new wrinkle in the legal definition of rape that is causing quite a stir. Time Magazine ran this article:

If a woman consents to having sex with a man but then during intercourse says no, and the man continues, is it rape?

The answer depends on where you live. The highest courts of seven states, including Connecticut and Kansas, have ruled that a woman may withdraw her consent at any time, and if the man doesn’t stop, he is committing rape. Illinois has become the first state to pass legislation giving a woman that right to change her mind. But in Maryland–as well as in North Carolina–when a woman says yes, she can’t take it back once sex has begun–or, at least, she can’t call the act rape.

That was the recent ruling by Maryland’s Court of Special Appeals in a case that may soon make its way to the state’s highest court and that has captured the attention of feminists and legal experts across the country. Advocates for victims’ rights insist it’s not just a matter of allowing a woman to have a change of heart. If the law doesn’t recognize a woman’s right to say no during sex, they say, there is no recourse for a woman who begins to feel pain or who learns her partner isn’t wearing a condom or has HIV. Those who are wary of these measures say they’re not arguing against having a man stop immediately when a woman no longer wants to have sex, but with how to define immediately.

This is a fascinating article, especially the story of one man’s five year conviction as a result of this confusion. There are a lot of interesting points raised for both sides and I’d love to hear the opinion of those reading the article. I doubt that there’s a clear “right” answer in this case and I definitely can see arguments for either side of the debate.

What are your thoughts?

2 Comments »

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  1. It’s rape if the guy continues after the girl says no at any time, to me.

    That doesn’t mean that the girl isn’t a royal bitch, however, if she says it after giving consent. Doesn’t mean she deserves to have forced sexual intercourse, just ridicule.

    More often I find the larger issue is why men have to jump through so many stupid hoops to have sex, and why women have to put them before us, what it offers them beyond a certain banal power trip.

    Comment by Neal Bailey — February 7, 2007 #

  2. There’s two types of NOs. There’s the NO where she doesn’t want to but deep down does (this is the scary one because even Tom Hanks in all his DaVinci Code glory can’t decipher that conundrum). Then there’s the NO which is pretty blatant. And it can be difficult to decipher as each woman is different.

    Rape is an absolutely disgusting act that should automatically lead to life in prison for those foolish enough to violate a woman (or a man). I know nothing compares to the touch of a woman (for me anyway) but there’s a difference between enjoying her company mutually and forcing yourself upon her. Why men who do this dispicable act rather than masturbate in the privacy of their own home is beyond me. There is no excuse for anyone to force another sexual act on anything (be it man or animal).

    Moral: Take NO seriously no matter if she’s joking or serious about it. Better to be safe than prosecuted.

    Comment by Jason — February 7, 2007 #

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