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 system for victims of post-penetration rape and protecting potential defendants from false accusations and improper convictions. This comment discusses this balance and suggests that state legislatures are in the best position to clarify criminal codes to recognize post-penetration rape, and that several safeguards may be put in place to prevent false accusations. Additionally, this comment examines the current perceptions of post-penetration rape in terms of interaction with the rules of evidence and the use of sexual consent contracts.
College of Law
Northern Illinois University Law Review
"Yes, Then No, Means No: Current Issues, Trends, and Problems in Post-Penetration Rape,"
Northern Illinois University Law Review: Vol. 25:
1, Article 5.
Tiffany Bohn, Comment, Yes, Then No, Means No: Current Issues, Trends, and Problems in Post-Penetration Rape, 25 N. Ill. U. L. Rev. 151 (2004).