Wednesday, November 01, 2006

FEMINISM: STILL NECESSARY

quote[The Happy Feminist and Jessica Valenti draw our attention to a remarkable-in-a-bad-way ruling by the Court of Special Appeals of Maryland. The court threw out a rape conviction because the judge failed to instruct the jury that a woman could not legally withdraw consent after penetration. The Court's ruling was based on dicta in a 1980 decision, which it itself was based on common law definitions of rape. The court describes the principles animating the 1980 decision as follows:

But, to be sure, it was the act of penetration that was the essence of the crime of rape; after this initial infringement upon the responsible male's interest in a woman's sexual and reproductive functions, any further injury was considered to be less consequential. The damage was done. It was this view that the moment of penetration was the point in time, after which a woman could never be "re-flowered," that gave rise to the principle that, if a woman consents prior to penetration and withdraws consent following penetration, there is no rape.]


This is fucked up! Way to go Maryland!

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