Saturday, January 18, 2003


There has been a lot of amazed discussion recently (e.g. Arthur Silber) about a California case where a man was convicted of rape because a woman allegedly changed her mind half-way through a previously consensual act of sexual intercourse.

For once, however, California was not the first with this particular brand of legal silliness. There was a very similar case in Western Australia in 1987 -- where the alleged rapist did end up spending time in jail. Eventually, however, justice was done and the conviction was overturned. It seems to me that this precedent might be very useful if the California case goes to appeal. In the Western Australian case, however, it did take 14 years for justice to be done ....


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