Maouloud Baby v. State
Maouloud Baby v. State of Maryland is a Maryland state court case determining sexual consent, the ability to withdraw sexual consent, and how long the delay between the withdrawal of sexual consent and the cessation of sexual activity must be, to constitute rape.[1]
Initially, the two men involved were charged as adults with first-degree rape. First first defendant, Michael Wilson, pleaded guilty to second-degree rape and was sentenced to 18 months. While Maouloud Baby's first trial ended in a mistrial. In his second trial, he was convicted of the state crimes of first-degree rape, first-degree sexual offense and third-degree sexual offense. The Maryland Court of Special Appeals overturned his conviction in 2006, but the prosecution has appealed to the state Court of Appeals.[2]
Defendant's Testimony
On December 13, 2003, Maouloud Baby (1988- ), age 15, and a classmate, Michael Wilson, were students at Watkins Mill High School in Montgomery Village, Maryland. They drove to a residential area with an 18-year-old woman who attended Montgomery College. Baby and Wilson knew the woman socially. After the woman parked the car, Baby and Wilson asked her to sit between them in the back seat of the car. After she did they began touching her sexually. Baby got out of the car and Wilson had sexual intercourse with her. Then Baby got back in and had a brief conversation with the woman. He said "So are you going to let me hit it?" She replied "As long as [you] stop when I tell [you] to." She said the intercourse was becoming painful and she asked him to stop and he stopped about 5 seconds later and did not ejaculate. All three returned to the McDonald's restaurant in Montgomery Village where they had been earlier that day. Before leaving, the woman and Wilson hugged, and she gave Baby her telephone number. Hours later she told a friend's mother what had happened and the police were called.
Also see
Sex and the law Sexual ethics Sexual assault Spousal rape
External links
References
- ^ Londoño, Ernesto (November 2, 2006). "Court Says Consensual Sex Can't Become Rape". Washington Post. Retrieved 2007-02-14.
{{cite news}}: Check date values in:|date=(help); Cite has empty unknown parameter:|coauthors=(help) - ^ "Pending court ruling may redefine rape". John Hopkins. Retrieved 2007-08-26.