What Does the Recent Maryland Supreme Court Decision About Expanding the Definition of Rape Really Mean?

There has been many discussions about the recent Supreme Court of Maryland decision where the definition of rape has been expanded to include withdrawing consent post-penetration in the case of the State of Maryland vs. Baby, April 16, 2008. It stated that the five second delay constituted rape.

Now many are wondering if they can get charged with rape if consent is withdrawn during the sexual act and he doesn't stop immediately or less than five seconds.

The court ruled that "We conclude that post-penetration withdrawal of consent negates initial consent for the purposes of sexual offense crimes and, when coupled with the other elements, may constitute the crime of rape."

Before everyone gets paranoid about what can happen to them, it is important to understand the ruling in the case. The ruling only expanded the definition of consent. Rape has several elements to be proven. Other elements include the use of physical force or fear to the victim. All the elements need to be present even if consent is withdrawn post penetration.

Let's take an example of a couple in a relationship. Both are in love and have a good relationship. Now as part of a routine, they engage in sexual relations before going to bed. One day during the act, something is said that turns her off and tells him to stop. He continues for five seconds, the same as in the Baby case.

According to the Baby case, is he guilty of rape? No, because the Baby case stated that the withdrawal of consent post-penetration only satisfied one element of the crime of rape. The other elements still have to be satisfied, like force or fear to the victim. In this example, the woman was never in fear or physically forced to have sex at anytime, including the 5 second period.

The Baby case presented facts where the victim was not in a relationship with the defendant. She seemingly was forced by two males to have sexual relations. After having sex with the first man, she consented to have sex with the second male.

There was expert testimony about the victim's behavior where the victim offered minimal physical resistance against her attacker, and not immediately reported the rape to the first person she saw, even if the person might have been her best friend. She engaged in everyday activities within a short time after the rape such as her going to the supermarket and shopping. The expert concluded that this was consistent with those behaviors of a victim of rape. The expert stated that her behavior was a result of Rape Trauma Syndrome.

People who are in loving relationships most likely having nothing to worry about, but the people having casual sex have a new rule that should be kept in mind. Even residents of other States can possibly have their State use this case in their own decision.

Knowing your legal rights is the best defense.