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Maouloud Baby v. State
Maouloud Baby v. State of Maryland (aka ''Maryland v. Baby'') is a Maryland state court case relating to the ability to withdraw sexual consent.
Initially, the two men involved were charged as adults with first-degree rape. First defendant, Michael Wilson, pleaded guilty to second-degree rape and was sentenced to 18 months. Maouloud Baby's first trial ended in a mistrial. In his second trial, he was convicted of the state crimes of first-degree rape, first-degree sexual offense and third-degree sexual offense. Baby appealed on the grounds that the trial judge had refused to answer questions from the jury on whether rape includes consensual intercourse that becomes non-consensual. In 2006 the Maryland Court of Special Appeals held that the judge should have answered in the negative, reversed Baby's convictions, and remanded the case for re-trial. The prosecution cross-appealed to the state Court of Appeals. That court held in 2007 that the judge should have answered in the positive: "Post-penetration withdrawal of consent negates initial consent for the purposes of sexual offense crimes and, when coupled with the other elements, may constitute the crime of rape" - but affirmed the reversal of conviction and remand due to court error.〔
==J.L's testimony==
As detailed in court testimony quoted in the Court of Appeals opinion,〔 on December 13, 2003, Maouloud Baby (1988- ), age 15, and a classmate, Michael Wilson, were students at Watkins Mill High School in Montgomery Village, Maryland. They drove to a residential area with an 18-year-old woman who attended Montgomery College. Baby and Wilson knew the woman socially. After the woman parked the car, Baby and Wilson asked her to sit between them in the back seat of the car. After she did they began touching her sexually. They told her that she would not be able to leave until "they finished whatever they told () to do". Baby got out of the car and Wilson had sexual intercourse with her. Then Baby got back in and had a brief conversation with the woman. When asked if she felt like she had a choice whether or not to have intercourse with him, she said "Not really. I don’t know. Something just clicked off and I just did whatever they said." Baby then said "So are you going to let me hit it?" She replied "As long as () stop when I tell () to." She said the intercourse was becoming painful and she asked him to stop and he stopped about 5 seconds later and did not ejaculate. All three returned to the McDonald's restaurant in Montgomery Village where they had been earlier that day. Before leaving, the woman and Wilson hugged, and she gave Baby her telephone number. Hours later she told a friend's mother what had happened and the police were called.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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