2008 Woodie Awards
Understanding sexual consent
Carl Gold
Opinion | 4/16/08
An international law firm seeks to hire a multilingual secretary/receptionist. A golden retriever comes in for the job interview and, to everyone's surprise, aces the typing test. The office manager says to the golden retriever, "You did great on the typing, but can you speak another language?" The golden retriever replies, "Meow."
Lawyers also speak another language designed to complicate otherwise simple tasks and obfuscate otherwise clear issues. The law concerning criminal sexual behavior is a good example.
Knowing and voluntary consent is necessary before you have sex with someone. Vaginal intercourse with another person by force or threat of force against the will and without the consent of the other person is rape.
If it involves the use or threat of a weapon or one or more persons are involved, the maximum penalty can be life in jail without parole. If the victim is under 14 and the person having vaginal intercourse with them is four years older, that is commonly referred to as statutory rape and also carries a maximum penalty of 20 years.
If the vaginal intercourse is with someone who is "mentally incapacitated" or "physically helpless," that is second-degree rape with a maximum penalty of 20 years.
Being "incapacitated" means that due to the influence of drugs, narcotics or other intoxicating substance you are rendered substantially incapable of appraising the nature of your conduct, resisting or communicating unwillingness, much less consenting.
A sexual act not amounting to vaginal intercourse by force or threat of force without consent also has a maximum penalty of life if an aggravating factor is present. A sexual act against someone who is mentally incapacitated or physically helpless is considered to be a second-degree sexual offense and punishable by 20 years.
Translated into English, this means that someone who is drunk, passed out, or high is not going to be deemed capable of consent. If someone is in such an altered state that they are incapable of saying "no," their condition itself is the equivalent of the word "no."
Lawyers also speak another language designed to complicate otherwise simple tasks and obfuscate otherwise clear issues. The law concerning criminal sexual behavior is a good example.
Knowing and voluntary consent is necessary before you have sex with someone. Vaginal intercourse with another person by force or threat of force against the will and without the consent of the other person is rape.
If it involves the use or threat of a weapon or one or more persons are involved, the maximum penalty can be life in jail without parole. If the victim is under 14 and the person having vaginal intercourse with them is four years older, that is commonly referred to as statutory rape and also carries a maximum penalty of 20 years.
If the vaginal intercourse is with someone who is "mentally incapacitated" or "physically helpless," that is second-degree rape with a maximum penalty of 20 years.
Being "incapacitated" means that due to the influence of drugs, narcotics or other intoxicating substance you are rendered substantially incapable of appraising the nature of your conduct, resisting or communicating unwillingness, much less consenting.
A sexual act not amounting to vaginal intercourse by force or threat of force without consent also has a maximum penalty of life if an aggravating factor is present. A sexual act against someone who is mentally incapacitated or physically helpless is considered to be a second-degree sexual offense and punishable by 20 years.
Translated into English, this means that someone who is drunk, passed out, or high is not going to be deemed capable of consent. If someone is in such an altered state that they are incapable of saying "no," their condition itself is the equivalent of the word "no."
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carl gold
posted 4/17/08 @ 10:06 PM EST
On April 16th Maryland's highest court reversed the decision in Baby v. State , holding that a woman does have the right to revoke consent after penetration. (Continued…)
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