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But I'm So Close

In what has to be one of the most ridiculous judicial decisions I've ever heard, a Maryland Court of Appeals has ruled that  if a woman consents to sex and changes her mind mid-act, that's not considered rape.  That kind of thinking is beyond backwards, beyond primitive even... it's primeval.  Hey, why stop there?  Let's criminalize the act of giving someone blue balls.  If a girl is in pain and ordering the guy to stop and he doesn't, that's rape.  It offends the precepts of common decency to think otherwise.  "Hold on, let me finish" is not a defense.  I'm presuming that the panel handing down this decision was all male and that none of them have daughters.  I would say that if I had a daughter, I would never raise her in the state of Maryland.  But then again, if I had a daughter who was the victim of rape, the rapist wouldn't live long enough to stand trial.

Posted on Thursday, November 2, 2006 by Registered CommenterRCR | Comments38 Comments | References3 References

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Reader Comments (38)

bravo, rcr. your momma raised you right.
Nov 2, 2006 at 12:38PM | Unregistered Commenteretcetera
Is it 2006? This decision is as offensive to men as it is to women. It essentially is saying that a man cannot control himself. Ugh, I am just disgusted. It is a dark day when Maryland makes Virginia look reasonable.
Nov 2, 2006 at 01:22PM | Unregistered CommenterMadelyn
Scenarios:

A. You take someone out on a few dates, later take them home, start screwing, and then the phone rings - - it's Grandma on the Answering Machine. Girl says "Stop! I gotta get that call!" You finish.

B. You attack a stranger in an alley and rape the shit out of 'em.

You can't tell me that A & B should be viewed as an indistinguishable crime in the eyes of the law. Don't get me wrong; I'm not saying that 'A' isn't a crime. Maybe assault or something, but not rape. Having identical statutory minimum sentences for those two acts isn't right.
Nov 2, 2006 at 01:23PM | Unregistered CommenterAUA
I'll admit that there our very few bright lines in our legal system, but rape is definitely one of those few bright line tests. Once she says no or stop, I don't give a shit what the surrounding circumstances are - it's fucking rape. There is such a thing as justifiable murder, but there is no such thing as justifiable rape.
Nov 2, 2006 at 01:31PM | Registered CommenterRCR
So like if a woman is drugged and she snaps out of it mid-act and wants to stop, she's not being raped? My home state sucks in this case.
Nov 2, 2006 at 01:43PM | Unregistered CommenterM.A.
that's pretty awful.
Nov 2, 2006 at 01:58PM | Unregistered Commentere
"In what lawmakers are referring to as the 'Rambler Bill', legislation is proposed which would give Maryland an Official State 'Safe-Word.' If passed, a rape becomes a rape when one of the parties involved clearly states ‘Pineapple!'"
Nov 2, 2006 at 03:03PM | Unregistered CommenterAUA
People who insist that drunk girls who change their minds after sobering up suffered the same crime as a woman attacked, beaten and raped, should be subject to attack, beatings, and rape, just for educations sake!
Nov 2, 2006 at 05:03PM | Unregistered CommenterHeywood Jafinishblowingme
Ahhhh....but what if that woman were a hermaphrodite, and it turned out she was saying 'no' to herself? What then Mr. Smart Lawyer guy?
Nov 2, 2006 at 05:14PM | Unregistered CommenterPhil
Ridiculous I say. This is a male fantasy come true. Once she says yes what difference does it make? Women are things after all. Legalize rape now !!!
Nov 2, 2006 at 05:55PM | Unregistered Commenteranti-skeptic
This is the kind of crap that should
clog our courts. No point in making
people responsible for their own decisions.

Let's focus on this loser while the Bushiviks
rape the Constitution.
Nov 2, 2006 at 06:16PM | Unregistered CommenterLast Throes
According to the article, she "asked him to stop" and he continued. What exactly did she say? She apparently didn't take it seriously enough at the time to kick and scream, or even just get the hell up and walk away. But the court takes it seriously enough to put him in jail for five years?

So if a previously willing woman suddenly says "stop," and the next day decides that I didn't pull out fast enough for her taste, I get to spend five years in prison?
Nov 2, 2006 at 09:48PM | Unregistered CommenterJim
From the Washington Post article:

"Baby began to have sex with her, but the woman said she felt pain and indicated that she wanted him to stop. She said he stopped "five or so seconds" after she made the request."

She was an 18 year old college student. She picked up a 15 year old and a sixteen year old and had sex with both of them in the back of her car. While having sex with the 16 year old, she says "Stop," and he stops in 5 seconds. Then they go eat in a McDonald's. Hours later she tells her Mom and reports a rape. Are you honestly going to tell me that was worth the five year sentence he is currently serving?
Nov 2, 2006 at 11:58PM | Unregistered CommenterHerakles
So let me get this straight. In Maryland I can start having sex with a girl, and then get as rough/weird as I want with her despite any protestations she may make, and it's perfectly legal as long as she consented to it at first? Seems pretty asinine to me.

What Herakles describes is also asinine. 5 years for 5 seconds is stupid, if it really happened that way.

And not to suggest your rage would be unjustified RCR, but going to prison for murder would be worse for your hypothetical daughter than if she were just raped. Not like that's an easy thing or anything, but being raped and then losing your Dad would be much worse.
Nov 3, 2006 at 12:47AM | Unregistered CommenterWalter
It figures that you post about rape and you bring out the fucking psychos. You're all fucking sickos. Seriously. The mere attempt to conjecture a context where rape is okillydokilly means that you all need professional help. That said, you need to look at the big picture. Context aside, Maryland has set the precedent that there may be some occasions where rape isn't really rape. That's fucked up. If you seriously disagree with me, then I beg you to never read me, talk to me, be in the same room with me, or exist on the same planet with me ever again. I mean really people, no means no. Don't be a fucking retard.
Nov 3, 2006 at 03:22AM | Registered CommenterRCR
What the jackasses who are so concerned about technicalities (he stopped 5 seconds later/she sobered up after 2 thrusts and since he only had one left he went ahead and finished) are overlooking is that this sets a precedent that not only *can* but *will* be exploited.

It makes allegations of rape even more easy to dismiss on he said/she said evidence ("She voted for the sex before she voted against it").

That in turn means that fewer and fewer rapes (acquaintance or otherwise) will be reported and prosecuted. Rape victims are already aware that their chances of getting any sort of justice through the courts are low; this law drops the odds even further.
Nov 3, 2006 at 08:17AM | Unregistered CommenterJordanBaker
And that should clearly be "easier" in the second paragraph, not "more easy." My English. ..she's not so good before the second cup of coffee.
Nov 3, 2006 at 08:18AM | Unregistered CommenterJordanBaker
I have to say that this post does a public service by reminding the ladies that there are some real bastards out there looking to score. Absolutely chilling responses.

Yay RCR, regardless.
Nov 3, 2006 at 11:43AM | Unregistered CommenterMegarita
Wow. This conversation scares me. It really does. The willingness of the majority of people here to blatantly ignore any empirical evidence of the case and just make broad conjectures pretty much sums up the idiocy that defines American dogma.

Regardless, what is being missed here is the violent nature of rape. Rape is when an individual VIOLENTLY forces themselves on another individual. Otherwise, it is statutory rape, ie coersion, or consensual sex. If there is no evidence of violence in a particular case, there is no rape.

I know many of your minds are already clouded by years of indoctrination, but would you think it fair if your teenage son had sex with a consenting partner, only to be sent to prison for the rest of his youth because his partner was afraid to fess up to her bible-thumping/fascist parents that she liked it just as much as he did?
Nov 3, 2006 at 01:04PM | Unregistered CommenterAndrew
this probably won't be completely understood by men until women raping men with dildos becomes more prevalent.
Nov 3, 2006 at 01:11PM | Unregistered Commentere

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