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11-2-2006 6:37 PM
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smagnolia says:
I find this repulsive, archaic and sad.
39 Comments   | Add a Comment
11-2-2006 9:41 PM
ericskiff
Popped because sometimes laws need to change, and that takes more than a court case - it takes action by state lawmakers, and the voice (and votes) of their constituents.
11-2-2006 9:49 PM
smagnolia
You know Eric, I read this and couldn't help but wonder how many years ago this law was put in to place. No one has ever taken the time or initiative to change it. Speak out Maryland!
Peace........................
11-2-2006 10:53 PM
ymmezy22
too crazy ..... is this real ?
11-2-2006 11:34 PM
smagnolia
Unfortunately, it is.
Mas Paz.....................
11-2-2006 11:44 PM
higdonius
I find this repulsive, archaic and sad.
11-2-2006 11:49 PM
higdonius
oops, hit the wrong button. anyway, repulsive, archaic and sad? so a woman should be able to decide at any point in the sex act that she doesn't feel like it anymore and the man should go to jail for it? i don't think it's too much to expect a woman to be responsible enough to make a decision in a timely fashion. regret doesn't equal rape.
11-2-2006 11:59 PM
djkraz
Just because it might be wrong of a woman to make the decision after sex has started, dosn't mean it isn't rape. No is no, no matter what. I guess it could be debatable as to wether it's rape vs sexual assault or something like that. No matter what, it's wrong!
11-3-2006 3:39 AM
anonymology
Woah. Upsetting. I think the decision to withdraw one's consent in any situation is valid no matter when it's withdrawn. I wonder was this law introduced, though, to attempt to lower the amount of fake claims (alas, there are a lot of those) or to try to make a court process more fluid? I don't agree with this, of course, but I wonder...
11-6-2006 7:48 PM
lukebunny
Good lord, that IS archaic and sad. I'd ALMOST convinced myself that we as a culture had moved on from even thinking things like that anymore :/
11-6-2006 7:53 PM
JDomingues
Only in America! sorry but it´s true!
11-6-2006 8:11 PM
SteveJohnSteele
11-6-2006 9:27 PM
Godfrey Daniel
Here's the perfect solution...

Woman goes to police, claims rape, man arrested, told why he's going to jail for rape, off he goes, woman goes home and takes a nap.

No muss, no fuss.
Done and done.
11-7-2006 11:32 AM
tpq62
What a weird ruling. So she basically consented to anything including forced sex. I wonder when her period of chattelhood legally terminated--when the man has an orgasm I suppose. What a total can of worms.
11-14-2006 9:21 AM
TheCatWhisperer
Hrm... I have issues with both sides.. here's why:

From the woman's stand point: Yes she does have the right to stop sex at any point, it is her body.

From the man's standpoint: Ever tried to stop having sex while in the middle? especially since statistically, men are able to reach climax faster, so it is likely he's in the throes of it after a brief amount of time? One could argue that the man was incapable of stopping at this point (after actual intercourse was initiated) as he has become temporarily "insane", or at least unable to determine right from wrong... animal lust/instinct/whatever. Slippery slope if it were ever successfully argued in court, however it might be true.

I m...
11-14-2006 9:36 AM
anonymology
You're ignorant, stupid, and a vile pig.

Oh, wait...
11-14-2006 10:01 AM
pinkziab
This is nothing less than absolutely terrifying!
11-14-2006 10:06 AM
pinkziab
I just read some of the above comments, and I'm disgusted. It's not even so much about a woman just changing her mind "because she doesn't feel like it anymore." WHat if what started out as mutually consensual intercourse, soon took a "dark" turn? What if it started out as good old fashioned lovemaking that both were fine with and the man then attempted to perform acts that the woman was not comfortable with? Just because she said yes initially, she has no right to stop it? Ridiculous... this law is absolutely terrifying and sad, and anyone who agrees with it needs to have their head examined.
11-14-2006 10:25 AM
TheCatWhisperer
#1.. for god sakes.. READ THE F___ING COMMENT before you post

I stated, that I feel that it IS a woman's right to stop at any point, I simply asked whether or not it is plausible that the argument that a man is "temporarily" insane while in the throes of intercourse could be mad & won...

So instead of making stupid-assed comment about being "disgusted" at my comment, how about you actually read them? and then answer!!

PS: I never said she stopped because she simply didn't want to anymore, it could be for any reason.. I'm just thinking that maybe you should be REALLY sure before it gets that far.. I mean, sure maybe he was all sweet & stuff then as soon as he got inside started talkin...
11-15-2006 8:27 AM
smagnolia
Hello Cat,

You have some very valid points and I have also considered them. Have you ever been "in the middle" of things and have a young child come in to the room, or a hear a roommate walking toward the door? Men can and do stop when they have to.

I see the case I clipped in my minds eye and imagine that the sex may have gotten very rough. Perhaps she was in pain or as Pink said took a dark turn. Or maybe the guy was a real creep and told her "by the way, I have an STD". We just don't know the circumstances. She could have found out he was he long lost brother! What a imagination I have sometimes. But there are all sorts of things that may have happened. I would really l love...
11-15-2006 12:46 PM
Godfrey Daniel
Essentially what some are saying or intimating is that in a he said she said, no evidence, no witness sitiuation, it is fine to arrest convict and imprison someone based solely on un- provable allegation.
11-15-2006 12:50 PM
TheCatWhisperer
I'm not saying that
11-15-2006 1:01 PM
anonymology
GD, I'm not sure I'm picking that up for this thread at all. No one has said that explicitly have they? (I may need to read the thread again.)

OK , a quick scan reveals to me that no one is saying that a man should be convicted of rape if there is no evidence to prove it.
11-15-2006 1:32 PM
TheCatWhisperer
nope. not one. i re-read a few times to make sure that couldn't be taken from what I wrote... (if anything, I was suggesting the opposite, that a man MIGHT be able to fight in court that he was "temporarily insane", and therefore not guilty...)
11-15-2006 1:46 PM
Godfrey Daniel
The objections have been to the law and rulings, both of which are based in the reality as expressed in my last comment.
11-15-2006 1:48 PM
anonymology
I disagree. The objection was to the rigid and unjust nature of the law. The implication was not that a man should be convicted of rape without evidence.

In any case, I'm off to the pub.
11-15-2006 1:49 PM
TheCatWhisperer
Drink one for me!! (I'm at work for another 2 hours)...
11-15-2006 1:50 PM
anonymology
I will! I need a few pints tonight for it hasn't been a great week in anon-world thus far. :/
11-15-2006 7:26 PM
smagnolia
Also, we don't know if the allegation was unprovable. Maybe she called 911 or maybe the guy was one of those who likes to use a webcam. Or maybe she was examined and showed signs of force. Maybe she scratched the hell out of him to fight him off. Of maybe none of that. We just don't know. Maybe she made the whole thing up but the point is, there is a line here that can be crossed.
Peace...............................
11-16-2006 3:18 PM
pinkziab
Wow catwhisperer, a bit defensive? Actually if you look at the piece I quoted in my comment, I was not even referencing YOUR comment, but rather that of higdonius, above.
11-16-2006 3:58 PM
Laustere
I believe that the lady should only be able to withdraw her consent if new sex-related circumstances arise. IE, if mister man has a bloodletting fetish that she doesn't really dig; if she says no to THAT, and they were having intercourse prior, and he does it anyway, I think that he should be convicted of rape (or at least some kind of physical assault charge.)
11-16-2006 4:18 PM
Godfrey Daniel
Cultures that support and encourage pretty much any and all sexual expression any and all the time create the kind of double-edged sword that we see here. The result are cases such as this, where guilt is impossible to rightly determine, coming before the courts. What, in all fairness, are they to do with these?
11-17-2006 7:52 AM
anonymology
I have to agree in some part with GD here, as it happens. And, as I said above, so many rape cases reported are false (and not nearly enough genuine cases are reported), and the law is trying to deal with both.
11-17-2006 8:23 AM
TheCatWhisperer
GD, Anon, I couldn't disagree more, just because our cultures may be more liberal that others, doe snot give reason for rape. The fact that our culture is so liberal when it comes to sex should actually emphasize the right to consent or withdraw consent. This is not so in many places. there are still a number of places in the world where a woman has no rights when it comes to sex, whether she was raped or not. And in these places they are very strict about sex/morals/etc.

As for false reports of rape cases. There are many more rape cases that are never reported then there are false rape cases. In fact, false rape cases are rare (as compared to true cases). False rape cases appear in ...
11-17-2006 8:36 AM
anonymology
But I think the point that GD was trying to make was that instating legislation for rape is difficult in a sexually open society, like ours. This doesn't really have anythng to do with sexually 'closed' societies. And the point I added to it is that the law is there to protect the innocent as well as to convict the guilty. This doesn't lessen the severity of rape, but it does have implications for how the criminal justice system deals with it. And there will be flaws. Unfortunately. This is true of any piece of legislation.
11-17-2006 9:47 AM
joaaron2468
ALWAYS, NO is NO!
11-17-2006 9:53 AM
TheCatWhisperer
joaaron2468, no one is debating that...

anon, I disagree, well, someone.. it's hard for the victim.. often the victim is forced to re-live the crime on th stand, the prosecution can pretty much call her/him a whore (well, not quite, but close) and paint the victim as an evil being. How's that fair for he victim? So I agree that there is difficulty, but not in creating laws, but in enforcing them.

I agree the laws are there to protect the innocent, its just that in many cases they fail while in the process of convicting the guilty (if they are guilty).
11-21-2006 9:19 AM
anonymology
anon, I disagree, well, someone.. it's hard for the victim.. often the victim is forced to re-live the crime on th stand, the prosecution can pretty much call her/him a whore (well, not quite, but close) and paint the victim as an evil being. How's that fair for he victim? So I agree that there is difficulty, but not in creating laws, but in enforcing them.
Sure. But that doesn't stop people bring false allegations to court (alas). And that is what make the process difficult, for both law makers and law enforcers.
11-21-2006 10:55 AM
TheCatWhisperer
Yeah, but they do the same thing in other cases involving theft, insurance, murder, etc... That doesn't make it right... but it happens... people have been trying to defraud the legal system since it's inception
11-21-2006 11:06 AM
anonymology
Absolutely. It seems to me to be more sinister because rape is almost the mose henious of crimes.
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