tag:blogger.com,1999:blog-6940841.post116239520126493940..comments2024-02-02T07:41:55.155-05:00Comments on The Headpiece for the Staff of Ra: More evilMosBenhttp://www.blogger.com/profile/14396378353702882073noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-6940841.post-1162483451798095412006-11-02T11:04:00.000-05:002006-11-02T11:04:00.000-05:00I don't see anything in those links that challenge...I don't see anything in those links that challenges my view of the case. The Maryland rape law is what it is. Courts generally aren't supposed to simply rewrite laws. <BR/><BR/>This case was decided on the basis of a bad jury instruction. The jury asked the judge whether withdrawing consent in the middle of the act makes it rape. The answer is an unequivocal "no", but the judge didn't answer. <BR/><BR/>Yes, it is an odd opinion in several ways. But there is nothing in the links you provided that suggests that the court erred in any way.Anonymoushttps://www.blogger.com/profile/02620757577974844563noreply@blogger.comtag:blogger.com,1999:blog-6940841.post-1162480618258608182006-11-02T10:16:00.000-05:002006-11-02T10:16:00.000-05:00From this analysis: The court tries to portray it...From <A HREF="http://sexcrimes.typepad.com/sex_crimes/2006/11/withdrawing_con.html" REL="nofollow">this analysis</A>: <BR/><EM>The court tries to portray its decision as an act of restraint deferring to the high court of Maryland and the legislature. However, if you read the opinion, you will notice the great lengths the court goes to distinguish the case before them from every other case cited by the parties. The court also spends a lot of time dissecting prior opinions to determine what is "dicta" and what is the actual holding of those decisions.</EM><BR/><BR/>More from the same person <A HREF="http://sexcrimes.typepad.com/sex_crimes/2006/11/a_little_bit_of.html" REL="nofollow">here</A>.Noumenahttps://www.blogger.com/profile/02442204504120141558noreply@blogger.comtag:blogger.com,1999:blog-6940841.post-1162442872034464362006-11-01T23:47:00.000-05:002006-11-01T23:47:00.000-05:00Respectfully, you have completely misunderstood th...Respectfully, you have completely misunderstood this decision. The passage you quoted, you will note, is written in the past tense. The court in this case was called upon to make a ruling based on the meaning of the Maryland rape law, which law was derived from the English common law, which dates back centuries. Under this law, yes, withdrawn consent does not make rape. The court is not endorsing this view. The court is explicating the meaning of the law. <BR/><BR/>The Maryland legislature needs to change the law immediately to remove this loophole, but the decision in this case was (as far as I can see) the correct one, based on the law as it is today.Anonymoushttps://www.blogger.com/profile/02620757577974844563noreply@blogger.com