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  • New rape law allows change of mind

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    SPRINGFIELD, Illinois (AP) -- A new rape law in Illinois attempts to clarify the issue of consent by emphasizing that people can change their mind while having sex.

    Under the law, if someone says "no" at any time the other person must stop or it becomes rape. The National Crime Victim Law Institute said it believed the law is the first of its kind in the country.

    Lyn Schollett, general counsel for the Illinois Coalition Against Sexual Assault, said the law was important to make it clear to victims, offenders, prosecutors and juries that people have the right to halt sexual activity at any time.

    "I think it will empower prosecutors in charging cases where the victim and the offender have a sexual history," she said.

    But the director of the Victim Advocacy & Research Group in Boston said it would be hard to imagine courts not upholding a woman's right to withdraw consent.

    "To me, it's demeaning," Wendy Murphy said. "It's like the old saying: 'If it ain't broke, don't fix it.' I don't think it was broke."

    The law was inspired by a California case involving two 17-year-olds who had sex at a party. The girl changed her mind about having sex, but the boy did not stop immediately.

    He was charged with rape, and it took years for the courts to decide that he could be found guilty under California law. The California Supreme Court ruled in January that a man can be convicted if a woman first consents but later asks him to stop.

    Lawmakers said they wanted to avoid the same kind of long legal battle in Illinois. Gov. Rod Blagojevich signed the law Friday but did not announce it until Monday.
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    Is this a good idea?

    I think a woman does have the right to withdraw consent. However, isn't this law going to make rape cases even more difficult to prove? How are you going to prove that the person changed their mind?
    'There is a greater darkness than the one we fight. It is the darkness of the soul that has lost its way. The war we fight is not against powers and principalities, it is against chaos and despair. Greater than the death of flesh is the death of hope, the death of dreams. Against this peril we can never surrender. The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.'"
    G'Kar - from Babylon 5 episode "Z'ha'dum"

  • #2
    Of cource people, for whatever reason, has a right to change their minds. Overall, the treatment of cases of rape in Sweden and, I imagine, the rest of the world is medieval.

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    • #3
      Originally posted by Kropotkin
      Overall, the treatment of cases of rape in Sweden and, I imagine, the rest of the world is medieval.
      Whats medieval is the way the man is named and villified before he's been found guilty of anything. Even if he is found 'not guilty' people still think it a case of 'no smoke without fire'

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      • #4
        I can't imagine that this would be very easy to prove. Anything that reduces instances of rape and helps catch rapists is a good thing. I'm not sure this does either.
        If I'm posting here then Counterglow must be down.

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        • #5
          Victim 'I invited him into my house, we began to have consensual sex but then I changed my my mind, but he would n't stop'

          Judge (to the accused) 'Is this correct? She changed her mind'

          Accused 'No Your Honour, she did not change her mind'

          Jugde 'Any other evidence? No? Case dismissed'
          Last edited by reds4ever; July 30, 2003, 11:15.

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          • #6
            I bet you guys get now a real good time with all those "funny" girls saying during sex ...
            "Oh ... I just changed my mind dont want no more. Stop right now or I charge you with rape!" ... few seconds later ... "Haha! Just joking, lets go on" *giggles* ... repeat step 1 ... wuhahaha
            If its no fun why do it? Dance like noone is watching...

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            • #7
              Women can pull away in the middle, but it shouldn't really be in the law. It only complicates rape cases.
              meet the new boss, same as the old boss

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              • #8
                Can they change their mind AFTER sex? I bet theres been a few of mine that wish they hadn't of bothered!

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                • #9


                  "Your Honour, yes, we both consented at the beginning but when I thought about it after he left I changed my mind."
                  meet the new boss, same as the old boss

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                  • #10


                    on the law: this is the correct law, but:
                    a) there is no way one could prove this ( unless a video camera was involved ).
                    b) this thing about demonizing men is correct.
                    urgh.NSFW

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                    • #11
                      Yes, the proof would be almost impossible without verbal cues (ie, saying NO). How does the man determine she has changed her mind?
                      “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                      - John 13:34-35 (NRSV)

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                      • #12
                        that would be no proof, actually. who would be there to record that NO?
                        urgh.NSFW

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                        • #13
                          this is just rediculous. the "victim" should have considered it before hand. (not counting extreme situations, in which one party suddenly becomes abbusive during sex, or things of that sort).
                          Quod Me Nutrit Me Destruit

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                          • #14
                            This law only codifies the way it should be .. . Nobody EVER gives up their right to control their own body.

                            The problem of proof is real but is little different than any date rape case where the man claims consent and the physical evidence shows no force. Its ALWAYS he said-she said.
                            You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto Luongo

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                            • #15
                              SM is looking to stir trouble, as always, I see.
                              urgh.NSFW

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