New law protects people who change mind during sex
July 28, 2003 ? "No" always means no, even when someone says it during the middle of consensual sex, according to a new state law.
The law clarifies the issue of consent by spelling out that people can change their mind even while having sex. If someone says "no," the other person must stop or it becomes rape.
The Illinois Coalition Against Sexual Assault praised the law Monday, but a criminal defense attorney said it might open the door to false rape accusations.
"That sounds a little dangerous," said Jack Rimland, immediate past president of the Illinois Association of Criminal Defense Lawyers. "The vagueness of that is really what disturbs me more than anything else."
Sen. Dan Rutherford, R-Pontiac, said the bill was inspired by a California case involving two teenagers. 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 was guilty under California law.
Rutherford said the new Illinois law should prevent that kind of protracted court battle.
"We didn't want Illinois to go down the path of not having a clear law," he said.
Lyn Schollett, general counsel for the Illinois Coalition Against Sexual Assault, called the new law significant for making it crystal clear -- to victims, offenders, prosecutors and juries -- that people have the right to halt sexual activity at any time.
She said that principle may make it easier to pursue cases where someone is raped by a past sexual partner.
"I think it will empower prosecutors in charging cases where the victim and the offender have a sexual history," she said.
Rimland suggested the law will require juries to make difficult judgments about exactly when consent is withdrawn and whether that was made clear to the other person.
False rape claims also might be easier to make, he said. Showing whether sex was consensual can be difficult, and showing that sex started out consensual but later became rape would be even more complex.
But Rutherford and Schollett disagreed, saying the law does not change the burden of proof needed to convict someone.
Gov. Rod Blagojevich signed the law Friday but did not reveal his action until Monday.
His office did not return a call seeking comment on the new law.
The bill is SB406.
On the Net:
Site for Bill
(...apparently, :nono: means :nono: )
July 28, 2003 ? "No" always means no, even when someone says it during the middle of consensual sex, according to a new state law.
The law clarifies the issue of consent by spelling out that people can change their mind even while having sex. If someone says "no," the other person must stop or it becomes rape.
The Illinois Coalition Against Sexual Assault praised the law Monday, but a criminal defense attorney said it might open the door to false rape accusations.
"That sounds a little dangerous," said Jack Rimland, immediate past president of the Illinois Association of Criminal Defense Lawyers. "The vagueness of that is really what disturbs me more than anything else."
Sen. Dan Rutherford, R-Pontiac, said the bill was inspired by a California case involving two teenagers. 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 was guilty under California law.
Rutherford said the new Illinois law should prevent that kind of protracted court battle.
"We didn't want Illinois to go down the path of not having a clear law," he said.
Lyn Schollett, general counsel for the Illinois Coalition Against Sexual Assault, called the new law significant for making it crystal clear -- to victims, offenders, prosecutors and juries -- that people have the right to halt sexual activity at any time.
She said that principle may make it easier to pursue cases where someone is raped by a past sexual partner.
"I think it will empower prosecutors in charging cases where the victim and the offender have a sexual history," she said.
Rimland suggested the law will require juries to make difficult judgments about exactly when consent is withdrawn and whether that was made clear to the other person.
False rape claims also might be easier to make, he said. Showing whether sex was consensual can be difficult, and showing that sex started out consensual but later became rape would be even more complex.
But Rutherford and Schollett disagreed, saying the law does not change the burden of proof needed to convict someone.
Gov. Rod Blagojevich signed the law Friday but did not reveal his action until Monday.
His office did not return a call seeking comment on the new law.
The bill is SB406.
On the Net:
Site for Bill
(...apparently, :nono: means :nono: )
