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Last update - 10:40 08/02/2007 High Court: Refusing request to stop sex during act constitutes rape By Yuval Yoaz, Haaretz Correspondent If a man does not heed a woman's request "to stop" while the sexual act is in progress, the man can be charged with rape, according to a precedent-setting ruling by the High Court of Justice. The question before the High Court was whether the perpetrator could be convicted of rape rather than forcing an indecent act, when the woman's refusal came following penetration and during intercourse. Rape that begins as a consensual act is still rape, the justices ruled. Justice Salim Joubran said "this court must declare that at any time and moment a person may decide what can be done with [his or her] soul and body." Advertisement The victim was at a friend's house when the accused called her and suggested they go out. The two met and went to his house, where sexual contact began with kissing, and they moved from the living room to the bedroom. The accused told the Nazareth District Court that the victim had asked him to stop after full sexual contact was in progress, but he refused to do so. The District Court convicted him of committing an indecent act by force and sentenced him to six months of community service, six months' probation and a fine of NIS 2,500. "As long as the acts were consensual, there is no crime," Joubran said in the ruling. However, he continued, the law considers the act a rape, if any further sexual intercourse takes place without the consent of the woman and once the man has been informed of her refusal. Any further sexual intercourse after the woman has refused "increases the seriousness and extent of the crime," the ruling said. Prior to this precedent, the High Court had ruled that a woman had the right to refuse further sexual contact at any point before intercourse, as long as she informed her partner clearly of her refusal. Justices Joubran, Edmond Levy and Elyakim Rubinstein focused on the matter of free will during the act. "Trust between two people also includes the possibility to withdraw from the act if it has lost its value in the eyes of one of the partners, and protecting the free will of both partners. Whatever the reason is for which the woman asks to stop the act ¬ physical pain, fears, psychological, moral or other considerations, no one has the right to impair that freedom or ignore it." The justices determined that the woman's opposition to the act must be made more specifically clear the more advanced the act is in order "to insure that the perpetrator is aware beyond any doubt of the change of heart that has occurred." Joubran said the expression of clear opposition would be "as much as possible, the brake that would avoid false accusations in this matter." The justices ruled that the man would not have to use brute force on a woman for an act that began as consensual to be considered rape. The test is whether enough force was exerted that the act continued despite the woman's opposition. "The man must stop the act the moment he becomes aware that the act is no longer consensual. Clearly the more time that elapses after the woman makes her opposition known, the greater the evidence that her partner would have been aware of this opposition." The court ruled Wednesday to convict the man of rape even though he and the victim had had intercourse on previous occasions. Bookmark to del.icio.us   Security.com Shin Bet is reaching out to English and Arabic worlds with new web sites. Obama's blunder As Penn. primary approaches, Clinton has latched on to 'values' remarks by Obama.   1.   high court 06:53  |  colin 08/02/07   2.   silly verdict 07:22  |  coitus interruptus 08/02/07   3.   #1 Colin - The same holds true in the U.S. 07:47  |  * BEN JABO 08/02/07   4.   stupid judges, stupid world 08:04  |  Bob 08/02/07   5.   Colin - just another small fact for you to digest 08:13  |  * BEN JABO 08/02/07   6.   the word " NO" 09:03  |  MS 08/02/07   7.   What`s Good For The Goose Should Also Be Good For The Gander 09:32  |  Lavi 08/02/07   8.   MS #6 - Right 09:38  |  S 08/02/07   9.   This is the same definition of rape that applies in the UK 09:52  |  Clickfool 08/02/07   10.   Obsessive prattle..... 10:38  |  Esther 08/02/07   11.   Stupid: Evolving to a society where no one takes responsability 11:45  |  Bob 08/02/07   12.   What if he`s one second before climax &psychologically can`t stop 11:51  |  Mark 08/02/07   13.   We need a legal "Safe Word" 11:52  |  keep it goin 08/02/07   14.   Let`s play this in reverse 12:08  |  D Hirod 08/02/07   15.   Response for Mark #12 12:22  |  Esther 08/02/07   16.   AT LEAST GIVE US THE RIGHT TO SUE.... 13:14  |  Jay A Friedman 08/02/07   17.   Sexual intercourse nowadays 13:41  |  Yaron 08/02/07   18.   logical mistake 13:42  |  chris 08/02/07   19.   Crying wolf 15:14  |  Leopold 08/02/07   20.   Next logical step will be 15:48  |  Boris 08/02/07   21.   And what if a man asked to stop 16:11  |  Vladimir 08/02/07   22.   OF COURSE THE RULING WOULD NOT BE 16:17  |  Vladimir 08/02/07   23.   It`s evident where everyone`s minds are situated 18:03  |  The Sexual Sage 08/02/07   24.   High Court -Rape 08:48  |  Efi 09/02/07   25.   for both, women and men 15:41  |  Gee Kool 09/02/07   26.   to Efi #24 09:28  |  chris 10/02/07   27.   Who gets the 2,500.-NIS 15:33  |  eddie - Haifa 28/10/07   28.   Disgusting 10:09  |  Baruch 15/04/08

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