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Rape, California-style
Townhall.com ^ | January 13, 2003 | Kathleen Parker

Posted on 01/13/2003 8:55:15 PM PST by LibertarianInExile

I'm going to try to keep this clean, but the recent California Supreme Court ruling that a woman who changes her mind during sexual intercourse qualifies as a rape victim tests one's commitment to decorum.

Yes, you read it right. The 6-1 ruling changes the definition of rape so significantly that a man who doesn't withdraw immediately upon his partner's shift in attitude can go to prison. One young man already has.

A 17-year-old -John Z. -served six months in a juvenile detention facility on a rape conviction following just such an encounter. He and Laura T. were having consensual sex when Laura decided she needed to get home. She didn't say, "Stop." She didn't cry out or struggle.

She merely said, "I should be going now" and "I need to go home," according to her testimony.

Because it reportedly took John Z. a full minute and a half to cease and desist -an act of rare self-control among the primate known as a 17-year-old male -he was convicted of rape. I don't know who was holding the timer during this intimate act. Was the rape victim monitoring her watch's second hand?

With its ruling Monday, the California Supreme Court affirmed John Z.'s conviction. Although Justice Janice Rogers Brown agreed with the rape definition, she dissented on whether the boy had been guilty of rape. She noted that he might have had an "honest and reasonable belief" that the girl didn't waive consent, a defense recognized by California courts.

Honest and reasonable? That sounds right. Given that the girl wanted to have sex, or at least said she did, then proceeded to have sex, and only then said she needed to go home, one could leap to the wild conclusion that the young man may not have divined her intent that he retreat.

I'm sorry, but when did girls get so stupid? In the old days -when girls were apparently both smarter and tougher -a girl who didn't want to have sex didn't have sex. She said no thanks, grabbed her purse and walked out the door. The boy may have been disappointed and frustrated, but he wasn't confused. "No" meant "no."

And "yes" meant yes to the finish line. If you want a guy to stop midway through the first act, pick an older boyfriend. Say fiftyish. Speaking of which, I keep coming back to this: Where's Daddy? Who didn't teach this girl the rules of engagement?

Once upon a time, fathers taught their daughters better. You don't take a boy to bed and then say "no." In a similar vein, as my father taught me, you don't pull a gun on someone unless you intend to kill him. There are certain things you don't kid around with, and hormonally charged teenage boys and loaded guns are among the top two.

I'm not suggesting that girls get what they deserve. So stifle the swoon, sisters. Nor am I suggesting that there aren't times when boys and men fail to listen carefully when girls and women speak. In my vast experience, they mostly pay close attention when food is involved.

But I am prepared to defend males against the sort of insanity that makes them criminals for not being able to read a girl's mind. Who exactly will bear witness to these "he said-she said" debacles? What words will suffice to mean "Stop," if "I need to get home" is enough to convict a boy of rape? What if she'd said, "Oh, gosh, I've got to buy cat food." Would that do? "Clearly my heart wasn't in it, Your Honor. He should have known I meant stop!"

And how quick is quick enough for the man to cease his foul play? A minute? Thirty seconds? The court didn't say.

I hate to be the one to break it to you, fellas, but the gelding of the American male is nearly complete and the message clear: You can do nothing right. As a friend's world-weary 15-year-old son correctly summarized the zeitgeist: "Women good, men bad."

John Z. wasn't guilty of rape; he was guilty of being male. If I were a guy, I'd find another country.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Government; Miscellaneous; News/Current Events; Philosophy; US: California
KEYWORDS: california; californication; clinton; pc; rape; sex; womensrights
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Makes me want to figure out--and I pose the question--where is it that women have more 'rights' than the in U.S.?

"All animals are equal, but some animals are more equal than others."

1 posted on 01/13/2003 8:55:15 PM PST by LibertarianInExile
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To: LibertarianInExile
Being a white male and a male at that is an indictable offense in Californistan.
2 posted on 01/13/2003 8:56:01 PM PST by goldstategop
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To: Howlin; Ed_NYC; MonroeDNA; widgysoft; Springman; Timesink; AntiGuv; dubyaismypresident; Grani; ...
"Hold muh beer 'n watch this!" PING....

If you want on or off this list, please let me know!

3 posted on 01/13/2003 8:56:23 PM PST by mhking
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4 posted on 01/13/2003 9:02:44 PM PST by Anti-Bubba182
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To: LibertarianInExile
It is stories like this that make me see the virtues of living a celibate* life.
5 posted on 01/13/2003 9:05:27 PM PST by nhoward14 (Complex problems have simple, easy to understand, wrong answers.)
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To: nhoward14
"It is stories like this that make me see the virtues of living a celibate* life."

Wrong. It makes you see how badly we need to rescue California from the lunatic fringe.

6 posted on 01/13/2003 9:09:36 PM PST by bigfootbob
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To: LibertarianInExile
It's California--cuckoo land. Say no more.
7 posted on 01/13/2003 9:12:16 PM PST by Ciexyz
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To: bigfootbob
California will fall into the ocean before it can be rescued.
8 posted on 01/13/2003 9:13:24 PM PST by nhoward14 (This talgine meets all U.S. Guvermnint Standerds.)
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To: nhoward14
Perhaps, but I'm an optimist and California is to beautiful to loose.
9 posted on 01/13/2003 9:19:54 PM PST by bigfootbob
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To: LibertarianInExile
But don't the NOW ladies say that sex between husband and wife is also rape of the woman?
10 posted on 01/13/2003 9:21:18 PM PST by Mark
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To: LibertarianInExile
Well, Johnny Z won't have to worry about not getting any sex for awhile. And those beefy fellas in prison won't be going anywhere either.

But he'll have a doozy of a time explaining that rape conviction to some future employer.

11 posted on 01/13/2003 9:22:44 PM PST by Tall_Texan (Where liberals lead, misery follows.)
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To: Tall_Texan
Soon, Californians won't be asking school officials why Johnny can't read. They'll be asking why Johnny can't get it up. Maybe this court decision should be required reading in high school. That would probably make more sense than passing out condoms.

By 2010, they'll declare castration mandatory and all those kids will go around sounding like the Vienna Boys Choir.

12 posted on 01/13/2003 9:27:58 PM PST by Tall_Texan (Where liberals lead, misery follows.)
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To: bigfootbob
The beauty of the land above the fault line has nothing to do with whether or not the land has a loose connection to the continent. However, it will be a shame to lose Napa.
13 posted on 01/13/2003 9:28:29 PM PST by nhoward14 (This talgine meets all U.S. Guvermnint Standerds.)
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To: LibertarianInExile
If I were a guy, I'd find another country.

Or at least another state.

Would the last sane person to leave California please press the button marked "Self Destruct"?

14 posted on 01/13/2003 9:30:51 PM PST by Blood of Tyrants (From time to time the tree of liberty must be watered with the blood of patriots and tyrants.-T.J.)
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To: LibertarianInExile
Is not the 17 yr old boy a VICTIM of statutory rape?
15 posted on 01/13/2003 9:36:59 PM PST by Mark
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To: LibertarianInExile
I should be going now I need to get home.

Think of the possibilities. I should not be doing this . . . (but you're the cutest guy I've met)(but my mind isn't calling the shots right now)(but I want to see if I can have an orgasm)(but if I didn't feel so good I wouldn't have started), etc.

I need to get home . . . (so hurry up)!

If a guy thinks any of these things he's got a reasonable belief that finishing the sex would be as consensual as starting it. What a nuthouse that state has become.

16 posted on 01/13/2003 9:37:01 PM PST by Kryptonite
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To: Kryptonite
What words will suffice to mean "Stop," if "I need to get home" is enough to convict a boy of rape?

That was my first thought, who's to say he didn't take the "I gotta go home" statement as "hurry up please". Women (and I use that term loosely) like this give the rest of the normal women a bad name.

17 posted on 01/13/2003 9:43:56 PM PST by KineticKitty
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To: LibertarianInExile
The Caliban and the Antihetero Sex League strike again! they want a Stalinist state with sunshine!
18 posted on 01/13/2003 9:58:37 PM PST by sheik yerbouty
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To: LibertarianInExile
My dear old rhetoric professor constantly reminded us,
When a word loses its specificity it loses it's meaning.
The admonition generally followed some idiot use of the verb "quote" as a noun, or some other innocuous word abuse. Nevertheless, the good professor's warning is too true: to call this "rape" is to diminish, devalue and render meaningless rape. When anything is rape, rape will no longer be rape.

Fools.

19 posted on 01/13/2003 10:00:29 PM PST by nicollo
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To: KineticKitty
LEGAL consent to sex cannot be withdrawn during the act; that is to say that, sure, the woman can inform that man that she wants to stop, as there are very many reasons why this could be so: vaginal dryness, leg cramps, and even boredom. "I think I'd like to paint the ceiling pink." Does that mean RIGHT NOW? And should the male immediately run off to find a paint brush?

And the male partner ought to comply as a matter of manners and kindness, but if he does not or cannot immediately comply is he to then be a rapist under the law?

If in California this is to be rape, then the very idea of the CRIME of rape is trivialized beyond recognition.

And here I was thinking that the California bench had improved after the demise of "Rose Red" Bird. Silly me.
20 posted on 01/13/2003 11:29:20 PM PST by John Valentine
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