Consent Debate Could Impact Rape Law in Maryland

The highest court in Maryland is considering a controversial consent case, the outcome of which could impact the state’s rape law. Central to the case is the question of whether sex that started out as consensual can be considered rape if the victim withdraws consent.

Assistant Attorney General Sarah Page Pritzlaff argued that rape occurs if force or threat of force is used after the victim changes her mind. Defense attorney Michael R. Malloy disagreed, citing a state law that says a sex act is not considered rape once consent is given.

The Case

The arguments are in relation to a 2003 rape case involving an 18-year-old college student and two high school boys—Maouloud Baby, then 16, and Michael Wilson, then 15—who were both charged with rape.

According to court documents, the victim was forced to have sex with Wilson first. Then when Baby asked the victim if she was going to let him “hit it,” she agreed “basically to get it over with,” Pritzlaff said.

The victim soon told Baby to stop, but he kept going for five or ten seconds.

Wilson pleaded guilty to the charges against him and was sentenced to 18 months in prison. Baby was tried as an adult and convicted on first-degree rape charges, among others, and sentenced to 15 years in prison, 10 of which were suspended. His conviction was overturned in 2004 by Maryland’s Special Court of Appeals.

Gray Area

The case raises many questions for which there is no clear answer. Some have asked how long after a woman withdraws consent before an act is considered rape. Where does one draw the line?

“I think you have to look at the context. I think part of why this is so loaded is we’re not willing to look at these contexts to see if there’s actual choice or perceived choice,” said Dick Bathrick of non-profit organization Men Stopping Violence.

High court judges heard arguments in the case on Tuesday but are not expected to make a ruling for several months.

(Source: Baltimore Sun online)

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