Sexual Consent Laws:
The Definition of Rape is Changing
In the United States rape has long been a punishable offense, and now the possibilities for punishment are even greater. In California there was recently a case that challenged the old definition of rape. The old rule used to say that rape did not occur when a woman initially consented and then later withdrew her consent. In early January 2003 the California Supreme Court ruled differently, "We conclude that the offense of forcible rape occurs when, during apparently consensual intercourse, the victim expresses an objection and attempts to stop the act and the defendant forcibly continues despite the objection" (Cooper, 2003:1).
In the case that challenged the old rule, a 17-year-old girl, Laura T., had consented to sex with the defendant, John, but then later told him that she needed to go home. While she never explicitly told him to stop, he continued for, "four or five minutes after Laura's first statement and for a minute to 90 seconds after her third and final one" (Cooper, 2003:2). John had apparently told Laura, "Just give me a minute" (Cooper, 2003:2). While this case may not appear to be rape to some, the California Supreme Court has ruled that it was indeed a rape. The Court took into account what was called a "primal urge theory" that could possibly justify a "reasonable time" rule for John's failure to stop. However, the Court later rejected this claim saying that John had been given sufficient time to withdraw and that the law books would not allow for such a claim of "reasonable time" (Cooper, 2003:2). It is important to remember that rape does not occur when a woman simply changes her mind or feels that she has made a bad decision. In this case, John had also grabbed Laura's waist and pushed her down while she was making the statements that she needed to go home.
This is a very important ruling because it changes the definition of rape in a very dramatic way. This change has happened not only in California. Minnesota, South Dakota, Connecticut, Maine, and Alaska have all produced very similar court decisions (Cooper, 2003:1). There are likely to be more states that follow in this pattern of decision making when they receive a case that can challenge the old standard. While it is critical to remember that men can also be raped, the cases here have involved males raping females. This change is important for males and females to consider when they consent to sexual intercourse, and it is vital for both parties involved to be fully aware of their rights.
References: Cooper, Claire. "Court: Rape begins when woman says no." Sacramento Bee Newspaper (www.sacbee.com). Published January 7, 2003.