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Northern Illinois University

2004

Evidence

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Full-Text Articles in Law

Yes, Then No, Means No: Current Issues, Trends, And Problems In Post-Penetration Rape, Tiffany Bohn Nov 2004

Yes, Then No, Means No: Current Issues, Trends, And Problems In Post-Penetration Rape, Tiffany Bohn

Northern Illinois University Law Review

Post-penetration rape describes the scenario when, at some point after consensual intercourse begins, one of the participants asks that the intercourse cease and the other does not desist. This situation is one of the more recently recognized forms of acquaintance rape. This recognition comes with various nuances and complexities that have caused a split amongst courts regarding how to deal with it when it arises in criminal prosecutions. One significant concern in the recognition of post-penetration rape as a rape rather than a battery or other crime is the need to strike a balance between providing recourse in the justice …