Withdrawal of penis must occur if there's withdrawal of consent - or it's rape in MD

The Court of Appeals, Maryland's Supreme Court, stated that rape can occur under Maryland law if the woman withdraws consent during intercourse, and that men who refuse to stop can be charged with rape. It overturned a lower appelate court's decision that sexual consent can't be withdrawn once given.

The 2006 decision, which drew wide attention, "was certainly startling," said Tracy Brown, the executive director of the Women's Law Center in Towson.

Brown welcomed yesterday's reversal, which, she said, "reflects current standards regarding the rights of women for sexual self-determination and the right for women to withdraw consent."
Despite its holding on the issue of consent, a majority of the court overturned first-degree rape and other convictions that Montgomery County prosecutors secured in 2004 against Maouloud Baby.

The case centered on a 2003 encounter in which Baby, then 16, was accused of fondling an 18-year-old and holding her arms while a friend of his sexually assaulted her in a parked car. Later, the woman testified, Baby told her, "It's my turn now."

"He was, like, 'So are you going to let me hit it?' " the woman said. "And I didn't really say anything, and he was, like, 'I don't want to rape you.' "

She said she told Baby they could have sex as long as he agreed to stop if she told him to. Soon, she said, she told him to stop. He continued for "five or so seconds" after she made the request, she testified.

The defense argued that Baby was not present when his friend had sex with the woman, and that she and Baby had consensual sex.

During deliberations, the jury twice asked Circuit Court Judge Louise G. Scrivener whether a rape has occurred if a woman who agrees to have sex changes her mind after intercourse has begun. Scrivener replied that that was "a question that you, as a jury, must decide."

Senior Assistant State's Attorney Alex Foster stated that the ruling would bring Maryland's laws about rape in line with other states' laws. The appellate court still overturned Baby's rape conviction, but prosecutors say that they are satisfied with the ruling.

Montgomery County State's Attorney John McCarthy stated that we are in a great position to retry the case.