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No means no at any time (when five second delay gets you 18 months in jail)
Baltimore Sun ^ | April 18, 2008 | sun editorial

Posted on 04/18/2008 6:55:52 AM PDT by sickoflibs

In broadening the legal definition of rape, Maryland's highest court has rightly expanded women's rights, recognizing the importance of their being able to assert control at times of particular vulnerability. The seven judges may have relied on different legal reasoning, but they were unanimous in concluding that a woman can change her mind and withdraw consent during sexual intercourse - and that a man has to honor her decision. Making that more clear in the law is a welcome advance that should help juries as they weigh the facts in individual cases.

Rape generally involves physical or psychological power and violence. It's usually not about sex, but one person dominating another or provoking fear. But physical relationships between men and women can get complicated, and what may start out as an act of intimacy can become an act of terror. If that happens - or other circumstances intervene - a woman should be able to reverse course and insist that the man does as well. His failure to heed her change of heart leaves him open to a rape charge.

The court's decision sends the case of Maouloud Baby back to trial. In 2004, Mr. Baby was convicted of first-degree rape and other offenses in Montgomery County after a woman changed her mind about sex as intercourse began. His five-second or so delay in complying with her newly voiced "no" was found to be not fast enough. Mr. Baby may or may not fare better with another jury. Determining whether a man acted appropriately may often be a difficult call, requiring prosecutors, judges and juries to assess each case carefully and use common sense. But at least now a woman's right to say no at any time during sex has legal force that can set some boundaries

(Excerpt) Read more at baltimoresun.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; US: Maryland
KEYWORDS: assault; childmolester; crime; rape; sexism; sexual; shewalksfree; statutoryrape
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This case really is un-settling. I am curious what you all think. He also gets to register as sex offender, try to find a place to live with that.

more at :

http://en.wikipedia.org/wiki/Maouloud_Baby_v._State_of_Maryland

1 posted on 04/18/2008 6:55:52 AM PDT by sickoflibs
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To: sickoflibs

more at :

http://en.wikipedia.org/wiki/Maouloud_Baby_v._State_of_Maryland


2 posted on 04/18/2008 6:56:08 AM PDT by sickoflibs (Are libs really as dumb as they act??(maybe they just assume we are that dumb))
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To: sickoflibs

Gosh, “maybe” God has it right - the best situation for a man is to be in a married relationship and not be having sex with anyone other than his wife.


3 posted on 04/18/2008 6:58:05 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: sickoflibs

She was 18, he was 15. Seems another one of those feminatzi cases to screw men.


4 posted on 04/18/2008 6:59:06 AM PDT by driftdiver
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To: sickoflibs

And posted three stories earlier here on FR is this story, with the headline: “Teacher who had sex with 14 year old gets probation”!

Of course this time the perp was a 22 year old woman. Double standards prevail.


5 posted on 04/18/2008 7:02:04 AM PDT by Joann37
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To: All

This is an absolute outrage. She changes her mind during consensual sex and it’s RAPE ?!? This bullshit is getting out of hand.....


6 posted on 04/18/2008 7:02:52 AM PDT by Maverick68 (w)
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To: MrB

Yes, that is true. So much of our society’s problems wouldn’t even exist if we’d just listen to God to begin with!


7 posted on 04/18/2008 7:03:03 AM PDT by Joann37
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To: Maverick68

If the act of concensual sex has already occured, how does it become retroactively criminal?

Must be those damn time machines again.


8 posted on 04/18/2008 7:04:39 AM PDT by spanalot
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To: sickoflibs

This can also mean that the male tells the female ahead of time that if she says “stop” during sex, he will, for good.

That she can say stop anytime she likes outside of sex, but if she says “stop” during sex, it means the end of their relationship. For that reason, they also need to agree on a “safe word”, that *means* “stop, you’re hurting me”, but is not “stop”.

“Stop” means you want to break up, right now. And no matter what else you say, it is for good. To continue in the relationship, *at all*, is to be a rapist, in the eyes of the law. Because anything said after “stop” could be construed as coercive, even days later.


9 posted on 04/18/2008 7:05:22 AM PDT by yefragetuwrabrumuy
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To: MrB
Gosh, “maybe” God has it right . . .

Oh, we know better than that . . . in Maryland, at least.

10 posted on 04/18/2008 7:07:21 AM PDT by madprof98 ("moritur et ridet" - salvianus)
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To: sickoflibs

If I read the article right then this is bad for Mr. Baby. He did comply which is what is important. I think any sane person would understand in the difficulty in just abruptly stopping.

That being said I cannot understand why my fellow man continue to go out there looking for non marital sex when on top of all the other potential problems this gets added on. Of course this could happen amongst married couples and if so you can safely say goodbye to solid relationships or even marriages for that matter. The extreme being an increase in single lonely bitter women growing old with their cats and single lonely bitter men growing old with their dogs.


11 posted on 04/18/2008 7:08:25 AM PDT by neb52 (Why have a career, when you can have a mohawk? - Zachary Galaviz, RIP 03/31/08)
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To: Joann37

I’ve had an epiphany recently.

The 10 commandments aren’t about restricting behaviors, or “party pooping” life, or even totally about showing obedience to God (thought that’s a good part of it) -

they’re a recipe for a good life.

For example, “thou shalt not covet” is a protection from becoming indebted, bankrupt, and generally dissatisfied with your “stuff”.

This article is a direct example of why adulterous sex can be so dangerous, and you’d be way better off to avoid it.


12 posted on 04/18/2008 7:09:20 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: sickoflibs

so just as the man is ready to finish during concensual intercourse the woman says no....oops too late....now charged with rape...??...what is this country coming to....


13 posted on 04/18/2008 7:09:50 AM PDT by tatsinfla
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To: madprof98

Isn’t that true -

liberals walk around “safe” in the knowledge that they’re smarter than God.


14 posted on 04/18/2008 7:10:08 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: MrB

but also remember that men HAVE been charged with raping thier wifes also in cases like this so how does being married protect him....??....


15 posted on 04/18/2008 7:11:00 AM PDT by tatsinfla
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To: sickoflibs

So how is one to interpret the phrase: “Don’t stop”? Do you ask the woman if there is a comma between don’t and stop?


16 posted on 04/18/2008 7:11:46 AM PDT by Right Brother
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To: MrB

At the same time, laws like this would allow even a married woman to say “no” in the middle of something.


17 posted on 04/18/2008 7:16:59 AM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for latest on DPRK/Russia/China/et al.)
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To: tatsinfla

I would lay big odds that the stats still show less occurence of false accusations in marriage than outside of marriage.

That being said, “be choosy” would be a good operative philosophy.


18 posted on 04/18/2008 7:17:55 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: Right Brother

roflmao....good point.....


19 posted on 04/18/2008 7:18:11 AM PDT by tatsinfla
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To: sickoflibs
Did I read that right, that Baby was convicted of "first-degree rape" for this? If MD has degrees of rape, what he did sounds more as if it fits the definition of "second-degree rape".

This sounds like a major crock. Of course, as others are pointing out, the way to completely avoid such a jam has been spelled out for us these 3500 years.

20 posted on 04/18/2008 7:19:09 AM PDT by thulldud (Insanity: Electing John McCain again and expecting a different result.)
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To: MrB

so it is ok for a few good married men to be found guilty of rape to justify this law...??...seems to me a problem there.....


21 posted on 04/18/2008 7:19:24 AM PDT by tatsinfla
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To: tatsinfla

You’ll not see me anywhere supporting this law.

I support God’s laws, though, as the way to have the best possible chance for a good life.


22 posted on 04/18/2008 7:25:24 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: sickoflibs

With stories like this I’m beginning to think Spitzer had it right....


23 posted on 04/18/2008 7:26:49 AM PDT by Froggie
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To: sickoflibs
As a woman, I find this ruling very disturbing.

In this scenario a woman could willingly agree to go with a guy back to his place knowing full well what the intent is. He’s horny and she’s equally horny. Things get hot and heavy and while she is a willing participant, half way through the “act” she has second doubts and changes her mind?

So the guy doesn’t “pull out” within 5 seconds, so now he’s a rapist?

How is he to know that what she is saying “no, no no” or “no, no, no, don’t stop”?

I’m not trying to flip here and I think rape is a terrible and serious crime but this is just ridiculous.

There is a big difference between a true rapist who breaks into a woman’s home or abducts her and rapes her against her will or even a man who slips a drug into her drink rendering her too incapacitated to make a decision to consent to anything one way or another.

But if a woman willingly agrees to have sex and half way through she has “buyers remorse” that’s not rape in my opinion; that’s just a bad choice on her part. What about her personal responsibility to not put herself in such a situation in the first place?

Sadly, I think these types of rulings do more to discredit women who are “truly” rape victims and elevates and blurs the line between the poor choices of some women over women who are truly victims of a real crime.
24 posted on 04/18/2008 7:30:23 AM PDT by Caramelgal (Rely on the spirit and meaning of the teachings, not on the words or superficial interpretations)
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To: driftdiver
She was 18, he was 15. Seems another one of those feminatzi cases to screw men.

If true, then the wrong party was on trial for rape. (At least, given all the 'Naughty Teacher' prosecutions recently.)

25 posted on 04/18/2008 7:30:58 AM PDT by Yo-Yo (USAF, TAC, 12th AF, 366 TFW, 366 MG, 366 CRS, Mtn Home AFB, 1978-81)
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To: sickoflibs

Asinine ruling that causes more harm than good.

Liberalism is a mental disorder...


26 posted on 04/18/2008 7:32:05 AM PDT by rockrr (Global warming is to science what Islam is to religion)
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To: driftdiver
She was 18, he was 15.

If she consented for the first part, wouldn't that be statutory rape (of him, by her)? So they both managed to rape each other, using similarly absurd definitions of the term?

27 posted on 04/18/2008 7:34:10 AM PDT by Arguendo
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To: MrB

You’re right, but putting in place a bad law doesn’t fix anything.


28 posted on 04/18/2008 7:39:13 AM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: MrB

“Gosh, “maybe” God has it right - the best situation for a man is to be in a married relationship and not be having sex with anyone other than his wife.”

That won’t protect you. If she gets mad at you, she can say you raped her even if you didn’t. Total abstinence is the only safe behavior.


29 posted on 04/18/2008 7:40:23 AM PDT by monday
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To: sickoflibs

The rule should be like that in football if you intercept a pass near the end zone. If your momentum takes you into the end zone, you are safe and can just take the touch back.


30 posted on 04/18/2008 7:40:34 AM PDT by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: Arguendo
If she consented for the first part, wouldn't that be statutory rape (of him, by her)? So they both managed to rape each other, using similarly absurd definitions of the term?

To commit statutory rape of a 15-18 year old, you must be over 21. If they are under 14, you must be at least 4 years older than them. I think those numbers are correct for this state, although I am stating them from memory from yesterday.

31 posted on 04/18/2008 7:43:08 AM PDT by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: sickoflibs
Determining whether a man acted appropriately may often be a difficult call....... - Where I come from "difficult call" = "reasonable doubt."
32 posted on 04/18/2008 7:43:27 AM PDT by bobsatwork
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To: Caramelgal
I’m not trying to flip here and I think rape is a terrible and serious crime but this is just ridiculous.

Exactly. Mr. Baby was charged with first degree rape. That's the same charge given to some animal who had hid in the bushes and waited for the next female jogger to pass him by.

33 posted on 04/18/2008 7:46:47 AM PDT by Drew68
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To: MrB
“That being said, “be choosy” would be a good operative philosophy.”

lol... you think people intentionally choose partners who will behave irrationally? No one EXPECTS their partner to accuse them of rape.

34 posted on 04/18/2008 7:47:56 AM PDT by monday
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To: Froggie

“The extreme being an increase in single lonely bitter women growing old with their cats and single lonely bitter men growing old with their dogs.”

It’s already happening, no fault divorce and the women’s movement did far, far more damage than this will. Ever go to a dating site? They’re literally clogged with 30-40 something single mothers - and most of them end up writing nasty comments along the lines of “where are all the GOOD guys?” (Married to good women, of course.)after a few months of Sex In The City with the sleazes who cruise the personals.

The most abuse this law will get is women getting ‘revenge” in nasty divorce suits. He won’t pay up? Engineer an intimate “Let’s try it again” session, say stop, he delays 5 seconds - he’s charged with rape, and her lawyer rapes him for ALL of his money.

This is just a drop in the ocean of why men and women are getting more and more alienated from each other year after year. It’s not surprising anymore, and it’s just one more reason to stay home instead of playing in today’s dating swamp/toxic pools of sludge.


35 posted on 04/18/2008 7:48:17 AM PDT by ByDesign
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To: sickoflibs

Stop! This is crazy.

All guys need to tell the woman that they need to tape the act with a high speed video camera good to thousandths of a second and that each of them need to hook up to an ‘orgasmometer’ hooked to the camera just to make sure everything is legal.

If she refuses, tape the refusal and take it to court with you if needed.


36 posted on 04/18/2008 7:55:14 AM PDT by Right Wing Assault ("..this administration is planning a 'Right Wing Assault' on values and ideals.." - John Kerry)
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To: MrB
Gosh, “maybe” God has it right...

***********

Wait....
Marry...
Remain faithful....

All the fantasy, fulfillment & fun you want without the legal mysteries, manipulative entanglements, and LEO-placed ankle bracelets...

JMHO...

37 posted on 04/18/2008 7:55:41 AM PDT by Wings-n-Wind (The main things are the plain things!)
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To: Caramelgal

If everyone woman had the right to jail a man based on regrets there would not be enough jails to house the men.


38 posted on 04/18/2008 7:56:34 AM PDT by Orange1998
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To: sickoflibs

It would be interesting to do a sting operation and see if one of the male Maryland Supreme Court justices could be lured by a woman (paid by someone else), and after beginging the deed, she demands stopping and him reacting within 3 seconds.


39 posted on 04/18/2008 8:00:57 AM PDT by jps098
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To: Always Right
The FR police is pulling these threads.

Teacher who had sex with 14-year-old gets probation Friday, April 18, 2008 8:49:13 AM · by pissant · 38 replies · 1,177+ views

Moderator: enough

40 posted on 04/18/2008 8:01:17 AM PDT by Orange1998
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To: sickoflibs
His five-second or so delay in complying with her newly voiced "no" was found to be not fast enough.

Bringing his "hot rod" from 70 MPH down to 0 MPH in 5 seconds is a tall order which requires one hell of a set of brakes. If it isn't/can't be done, don't blame the driver, it was equipment failure (design flaw) ;-)

41 posted on 04/18/2008 8:02:36 AM PDT by varon (Allegiance to the constitution, always. Allegiance to a political party, never.)
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To: Arguendo

“If she consented for the first part, wouldn’t that be statutory rape”

She did consent, if you read the article she had just been with another guy. The 15 yr old ask if he could also have some and she consented.

The statutory rape by her seems likely but the age difference may not be enough.

Either way, she’s a skank, he’s a skank but this wasn’t rape.


42 posted on 04/18/2008 8:04:50 AM PDT by driftdiver
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To: MrB
I’ve had an epiphany recently.

The 10 commandments aren’t about restricting behaviors, or “party pooping” life, or even totally about showing obedience to God (thought that’s a good part of it) -

they’re a recipe for a good life.

*********************

I believe you are absolutely right!

43 posted on 04/18/2008 8:05:15 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: spanalot

I could see it if he took another 5 mins or something. But 5-10 seconds?


44 posted on 04/18/2008 8:10:06 AM PDT by driftdiver
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To: Caramelgal

very well put....anymore women out there wish to comment...??


45 posted on 04/18/2008 8:10:06 AM PDT by tatsinfla
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To: monday

I swore I wouldn’t do more than lurk in this thread, but I just want to put this out there, I have no link for this but years ago I volunteered at a shelter for abused women—many many rape cases involving married couples have been where the couples are separated and the not-yet-ex husband attacks the not-yet-ex wife after coming uninvited to her home. These attacks often occurred right in front of the kids, and they tended to happen in lower income communities. I am sure there have been cases where a married woman living with her husband accused him of rape (anyone remember John and Greta Rideout?) but I would be willing to bet they are the exceptions. Flame on..


46 posted on 04/18/2008 8:11:25 AM PDT by ariamne (Proud shieldmaiden of the infidel--never forget, never forgive 9/11)
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To: Caramelgal

“Sadly, I think these types of rulings do more to discredit women who are “truly” rape victims and elevates and blurs the line between the poor choices of some women over women who are truly victims of a real crime. “

Absolutely


47 posted on 04/18/2008 8:11:49 AM PDT by driftdiver
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To: MrB; tatsinfla

The middle class fondness for marriage died about 20 years ago with no-fault divorce and social changes. Sad for the kids. Child support laws were probably thought to promote marriage to conservatives but they turned out (with no fault divorce) to promote single Mom-hood in middle class, as welfare did to the cities 15 years earlier. This is mainly because it’s so one sided, one side gets money tax free with no strings(except custody), the other has to pay taxes on the garnished wages.


48 posted on 04/18/2008 8:12:17 AM PDT by sickoflibs (Are libs really as dumb as they act??(maybe they just assume we are that dumb))
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To: MrB

“Gosh, “maybe” God has it right - the best situation for a man is to be in a married relationship and not be having sex with anyone other than his wife.

I enjoy a good self-rightous cluck as much as anyone but you do realize this applies to you and your wife (and me and mine) as well, right?


49 posted on 04/18/2008 8:14:13 AM PDT by Unassuaged (I have shocking data relevant to the conversation!)
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To: sickoflibs

If Mr. Baby was 15 at the time, it sounds like the woman is the rapist.


50 posted on 04/18/2008 8:20:40 AM PDT by <1/1,000,000th%
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