Legal Question in Criminal Law in California

Is is concidered rape if you are making out with a woman, both been drinking and of age. You want sex and she does too, when you start having sex she changes her mind and say stop and don't. Is that still concidered rape?


Asked on 8/20/09, 2:12 pm

2 Answers from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

Amazingly, it is, under the California Court of Appeals case of People v. Roundtree, but the issue becomes: how well did she communicate her desire to stop? And How long did intercourse continue before it stopped? In other words, how soon is "soon enough" after she says "stop"? If she went to the police ANSWER NO QUESTIONS AT ALL!

If you would like to review some information on such cases, you can review articles on my website at

http://dinday.com/info05.htm

and

http://dinday.com/results.htm

I will also give you a free consultation if you like, so I can tell you what I think I could do for you. I do go to Sacramento.

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Answered on 8/20/09, 2:43 pm
Edward Hoffman Law Offices of Edward A. Hoffman

The answer is yes. Unlike Mr. Dinday, I don't find anything "amazing" about it. No means no, even when it comes from someone who had said yes just a few moments earlier. Were the law otherwise, women who consent and then change their mind would still have to endure unwanted sex, even after telling their partner to stop. There is no reason the law should give men that kind of power over women.

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Answered on 8/22/09, 9:40 pm


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