“An appellate court said Maryland’s rape law is clear — no doesn’t mean no when it follows a yes and intercourse has begun.”

Posted on October 31, 2006 by Ann Bartow

Short news story here, via Sinister Girl. The lenthy court opinion in the case, Maouloud Baby v. State of Maryland, is accessible here. It is not pleasant to read, to put it mildly.

Update: Analysis at Sex Crimes.

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0 Responses to “An appellate court said Maryland’s rape law is clear — no doesn’t mean no when it follows a yes and intercourse has begun.”

  1. kitkat says:
    November 1, 2006 at 10:25 am

    So, law professors, what can we do about it?

    Horrendous as the law is, I…I don’t mind the fact that the judges decided the law was clear if it WAS. (I haven’t read all 51 pages yet.)

    Soooo…if it is a clear but horrendous law, let’s get it changed!

    I don’t know the first thing about law-changing activism, though. Or about Maryland legislative politics. Who’s influential, what committees matter for getting things through w/o a whole bunch of statewide brouhaha & debate, etc?

  2. kitkat says:
    November 1, 2006 at 10:51 am

    Woohoo! Here’s a start!

    “Montgomery Delegate Jean Cryor said the Women’s Caucus of the General Assembly would likely examine the decision during the next legislative session.”

    From a Baltimore TV news channel’s text reporting online. Boy, do I hope they put this on TV. Lots of TV.

    What’s the best first step? Writing those TV stations in Baltimore? Any other key cities in MD? And should other “caucuses” & committees be engaged, or do you think the Women’s Caucus in the MD legislature is strong enough to push through a better law next session?

  3. Ann Bartow says:
    November 1, 2006 at 11:46 am

    I don’t know a lot about Maryland politics, but I assume state and national women’s groups can help the Maryland General Assembly’s Women’s Caucus get some momentum on this issue. There are many smart law profs with expertise in this area, and I assume some will get involved with this or have already. I’ll post anything I find out along those lines, as well as any ways that others can help as I learn about them. I wonder how many other states have rape laws like this.