California Supreme Court says rape begins when woman says stop

Associated Press / SFGate

[RCW2001]

Monday, January 6, 2003
©2003 Associated Press

URL: http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2003/01/06/national2027EST0776.DTL

(01-06) 17:27 PST SAN FRANCISCO (AP) --

The California Supreme Court defined rape Monday as continued sexual intercourse by a man after his female partner demands that it stop.

The 7-0 decision reverses a 1985 ruling by a lower court.

"This opinion is significant. It appears the California Supreme Court has clearly rejected an opportunity to revisit past barriers to rape convictions," said Douglas Beloof, an attorney with the National Crime Victim Law Institute.

The 2000 case involved two 17-year-olds who had sex in a bedroom during a party. The boy testified that the sex was consensual and that he stopped when the girl demanded. She testified the boy kept having sex with her for about a "minute and a half" after she called it off.

The boy was convicted of rape and served about six months in a juvenile facility. The high court affirmed that conviction Monday.

Justice Janice Rogers Brown, while agreeing with the majority on what constitutes rape, dissented on whether the boy was guilty. She wrote that the girl never clearly said stop, instead saying "I should be going now" and "I need to go home."

Brown also wondered how much time a man has to stop once a woman says stop.

"Ten seconds? Thirty?" she wrote.

©2003 Associated Press

[Born in a Rage]

She wrote that the girl never clearly said stop, instead saying "I should be going now" and "I need to go home."

What a stupid statement. I suppose he wouldn't have understood "Get away from me, you jerk" either.

[friendly]

Two teens are having sex. In the midst of this, the girl says "I should be going now" and "I need to go home." 90 seconds elapse before he stops. The boy is guilty of rape according to these ultra-liberal judges.

Is it me or does this utterly defy logic, biology, and justice? Is not this boy completely innocent?

[Texas Eagle]

The 2000 case involved two 17-year-olds who had sex in a bedroom during a party. The boy testified that the sex was consensual and that he stopped when the girl demanded. She testified the boy kept having sex with her for about a "minute and a half" after she called it off. The boy was convicted of rape and served about six months in a juvenile facility.

Serves him right.

[AM2000]

Unless you're having sex at 60 mph, I don't see why it takes 90 seconds to stop :-)

[Six Bells]

"Romance, finis. Your chance, finis.
Those ants that invaded my pants, finis.
Bewitched, bothered and bewildered - no more.

[San Jacinto]

Let's see....

17 year old girl say "Okie Dokie" to sex.

At some point during intercourse she says "Well, I guess I should go home" or "I should be leaving."

He countinues for "about a minute or a minute and a half" (according to her testimony.

The guy ( no age given) is CONVICTED OF RAPE~!

What a bunch of crap.

[Cicero]

This is farcical. But when Clinton violently raped Juanita Broaddrick, that was OK?

Rape is a very serious crime. When you start confusing it with other, lesser offenses the end result will be lower sentences for all kinds of rape, including the real thing.

[per loin]

I'd say the boy was innocent. I also wonder how this came to the law's attention. Did this vicious little b*tch go and swear out charges against him?

[San Jacinto]

Now I see the article says the boy was 17 also.

[Ipse Dixit]

Not to minimize the crime of rape, but wasn't there a song back in the early 90s named (and sung by a woman)"When I say no, I mean maybe"?

[drjoe]

Last year I testified at a rape trial in Virginia. The defendant [male] was an 18 year old boy. The complainant was an 18 year old girl. After drinking rather more than they BOTH should have, an act of intercourse took place. This was confirmed the next day by medical testing. The girl discovered what had happened the the next morning. [Oh yeah - they were both sharing a sleeping bag.] RAPE she screamed. The police descended and took the boy off to jail. Alas neither of them could remember what had happened. End of case, right? WRONG!! He was indicted and stood trial for rape. The point at issue was weather or not she had suffered an alcoholic 'blackout' or weather or not the alcohol had rendered her unconscious. In a 'blackout' she would have been conscious but unable to remember what had happened. Why did the case proceed? Because, according to the girl, it must have been rape because, 'she was not that sort of girl.' Fortunately in the rebuttal phase of the trial, upon questioning by the commonwealth's attorney, she blurted out, "I don't remember. I don't remember. I must have blacked out." End of testimony, End of trial. Time for all to go home. At the time he was a virgin, she wasn't. Of course she wasn't 'that sort of girl. And they were both underage vis a vis the consumption of alcohol. That'll teach him!!!!!

[Savage Beast]

It's not just you. It's me too.

[csvset]

Paradise By The Dashboard Lights

Boy:
I remember every little thing
As if it happened only yesterday
Parking by the lake
And there was not another car in sight
And I never had a girl
Looking any better than you did
And all the kids at school
They were wishing they were me that night

And now our bodies are oh so close and tight
It never felt so good, it never felt so right
And we're glowing like the metal on the edge of a knife
C'mon! Hold on tight!
C'mon! Hold on tight!

Though it's cold and lonely in the deep dark night
I can see paradise by the dashboard light

Girl:
Ain't no doubt about it
We were doubly blessed
Cause we were barely seventeen
And we were barely dressed

Ain't no doubt about it
Baby got to go and shout it
Ain't no doubt about it
We were doubly blessed

Boy:
Cause we were barely seventeen
And we were barely dressed

Baby doncha hear my heart
You got it drowning out the radio
I've been waiting so long
For you to come along and have some fun

And I gotta let ya know
No you're never gonna regret it
So open up your eyes I got a big surprise
It'll feel all right
Well I wanna make your motor run

And now our bodies are oh so close and tight
It never felt so good, it never felt so right
And we're glowing like the metal on the edge of a knife
C'mon! Hold on tight!
C'mon! Hold on tight!

Though it's cold and lonley in the deep dark night
I can see paradise by the dashboard light
Paradise by the dashboard light

You got to do what you can
And let Mother Nature do the rest
Ain't no doubt about it
We were doubly blessed
Cause we were barely seventeen
And we were barely--

We're gonna go all the way tonight
We're gonna go allt he way
An tonight's the night...

Radio Broadcast:
Ok, here we go, we got a real pressure cooker
going here, two down, nobody on, no score,
bottom of the ninth, there's the wind-up and
there it is, a line shot up the middle, look
at him go. This boy can really fly!
He's rounding first and really turning it on
now, he's not letting up at all, he's gonna
try for second; the ball is bobbled out in center,
and here comes the throw, and what a throw!
He's gonna slide in head first, here he comes, he's out!
No, wait, safe--safe at second base, this kid really
makes things happen out there.
Batter steps up to the plate, here's the pitch--
he's going, and what a jump he's got, he's trying
for third, here's the throw, it's in the dirt--
safe at third! Holy cow, stolen base!
He's taking a pretty big lead out there, almost
daring him to try and pick him off. The pitcher
glance over, winds up, and it's bunted, bunted
down the third base line, the suicide squeeze in on!
Here he comes, squeeze play, it's gonna be close,
here's the throw, there's the play at the plate,
holy cow, I think he's gonna make it!

II. Let Me Sleep On It

Girl:
Stop right there!
I gotta know right now!
Before we go any further--!

Do you love me?
Will you love me forever?
Do you need me?
Will you never leave me?
Will you make me so happy for the rest of my life?
Will you take me away and will you make me your wife?
Do you love me!?
Will you love me forever!?
Do you need me!?
Will you never leave me!?
Will you make me so happy for the rest of my life!?
Will you take me away and will you make me your wife!?
I gotta know right now
Before we go any further
Do you love me!!!?
Will you love me forever!!!?

Boy:
Let me sleep on it
Baby, baby let me sleep on it
Let me sleep on it
And I'll give you my answer in the morning

Let me sleep on it
Baby, baby let me sleep on it
Let me sleep on it
And I'll give you my answer in the morning

Let me sleep on it
Baby, baby let me sleep on it
Let me sleep on it
And I'll give you my answer in the morning

Girl:
I gotta know right now!
Do you love me?
Will you love me forever?
Do you need me?
Will you never leave me?
Will you make me so happy for the rest of my life?
Will you take me away and will you make me your wife?
I gotta know right now!
Before we go any further
Do you love me?
And will you love me forever?

Boy:
Let me sleep on it
Baby, baby let me sleep on it
Let me sleep on it
And I'll give you my answer in the morning
Let me sleep on it!!!

Girl:
Will you love me forever?

Boy:
Let me sleep on it!!!

Girl:
Will you love me forever!!!

III. Praying for the End of Time

Boy:
I couldn't take it any longer
Lord I was crazed
And when the feeling came upon me
Like a tidal wave
I started swearing to my god and on my mother's grave
That I would love you to the end of time
I swore that I would love you to the end of time!

So now I'm praying for the end of time
To hurry up and arrive
Cause if I gotta spend another minute with you
I don't think that I can really survive
I'll never break my promise or forget my vow
But God only knows what I can do right now
I'm praying for the end of time
It's all that I can do
Praying for the end of time, so I can end my time with you!!!

Boy:
It was long ago and it was far away
and it was so much better than it is today

Girl:
It never felt so good
It never felt so right
And we were glowing like
A metal on the edge of a knife

[JZoback]

Let me understand this.

Two consenting people are having sex. While they are actively engaging in sexual intercourse, the girl says stop.

The boy takes his time to stop and that constitutes rape?

Isn't that fact that they ALREADY are engaging in sexual intercourse would mean it can not be rape.

Now I might call it assault if he refused to stop.

[Nick Danger]

She wrote that the girl never clearly said stop, instead saying "I should be going now" and "I need to go home."

Reminds me of the old joke:

What's the sound a woman makes when she's having fun in bed?

I dunno, what?

I didn't figure you'd know.

[JoeSixPack1]

I can't drive 55! :-)

[nothingnew]

90 seconds elapse before he stops.

Well, if he's 17 and having his first experience, it should have only taken 5 seconds. Then again, I'm reminded of the complaint to police that a woman listened 90 minutes to "an obscene phone call" before hanging up and calling the police.

FMCDH

[GovernmentShrinker]

It isn't just you. And I'm female. This is totally ridiculous. They might as well rule that if you gave a kid permission to practice the 50 yard dash on your property, then yell out just when s/he's gotten up to maximum speed that you withdraw your permission, and s/he continues for several more yards, that the kid is guilty of trespassing. Onwards to the U.S. Supreme Court, where hopefully some sanity still resides.

[babygene]

So... Does this mean that if the boy has an orgasam and the girl insists that he continue for a little while, she is guilty of rape?