Rape Or Regret?

May, 2003

The California penal code defines rape as "an act of sexual intercourse accomplished against a person's will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury." That statute now has a footnote: A person who consents to sex may claim "post-penetration rape" if she changes her mind midstroke, even if she fails to communicate the change of heart.The issue of postpenetration rape reached the California Supreme Court last year in a case ca...