Apr 18, 2008 0
As we’ve reported, the state’s highest court has decided (PDF) that women have a right to say ‘stop’ as well as a right to say ‘no.’ Morally, that seems right to me; philosophically, even linguistically, there’s no denying that sex is consensual only while both parties consent.
Practically, though, I worry about what will happen with these cases, which present all the hurdles of a rape case, plus the fact that the woman said yes initially, plus the problem of showing that the act continued after consent was revoked. (In the case before the Court of Appeals, the accuser said the defendant continued for five or 10 seconds after she told him to stop.)
What do you think: Is a “stop” rape case possible to prove? Will prosecutors even bring them?
BARBARA GRZINCIC, Managing Editor/Law