Maryland: "Go Ahead and Rape"

A Maryland appellate court ruled recently that once a woman has consented to sex, she cannot withdraw her consent. Like Sherry Colb at FindLaw, I can’t do their reasoning justice without quoting them.

The concept, undergirding the Battle holding, rooted in ancient laws and adopted by the English common-law, views the initial “deflowering” as the real harm or insult which must be redressed by compensating, in legal contemplation, the injured party – the father or husband. This initial violation of the victim also provided the basis for the criminal proceeding against the offender.

In other words, rape isn’t a crime against women, it’s a crime against their guardian (read: owner). This is why I want to be an appellate attorney. The decision is morally reprehensible, and their reasoning is insane.

More on this tomorrow. I’m tired and have a chemistry lab in the morning.


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