Thursday, May 05, 2005

More abuse of rape laws

Reading the story from Florida brought to mind a California rape case that made it to the Supreme Court in that state a couple of years ago. You won't believe this one.

It seems that a few years ago, a man and his girlfriend were doing something they'd done many times before. They were making love. During the course of their afternoon delight the man did something that angered his girlfriend. It made her so mad that she wanted to end their delight right then. He, thinking she's over-reacting, didn't stop right away. However, after a minute or two he did catch on that she meant it so he did stop.

Get this, the next day she files rape charges against him with the police. He must have really made her mad.

Pretty bad don't you think? It gets worse. The prosecutors decided to pursue the charge. The man was convicted and sentenced to prison.

He appealed his conviction on the grounds that failure to stop engaging in sex after consent has been granted cannot, by definition, be rape. The court however, disagreed and this man remains in prison. There was one dissenter among the justices. Ironically, it was the only woman on the court, Janice Rogers Brown.

Justice Brown agreed with his argument, stating that even charging this man with rape makes a mockery of justice.

Justice Brown was spot on. Real rapes are terrible crimes and the perpertrators should be punished severely. This case wasn't rape, it was a lovers quarrel. If there was any crime committed here, it was by this man's partner, falsely accusing him of a crime. Disgusting. And the prosecuter that brought these charges should be disbarred.

I know of at least one innocent man falsely imprisoned.


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