Maouloud Baby v. State of Maryland
Encyclopedia
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.
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. 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. He said "So are you going to let me hit it?" She replied "As long as [you] stop when I tell [you] 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.
that held that a rape could not legally occur if a woman withdrew consent after penetration, reversed the conviction. That precedent interpreted the English common law
such that the withdrawal of consent following initial penetration
did not make the act a rape. The court noted other states had noted that the act of intercourse is not completed at the initial penetration, and so consent could be withdrawn at any point during intercourse. For rape, the court noted that force or threat of force was a necessary element of the crime. Due to issues involving the instructions to the jury
regarding rape and consent, the case was remanded for a new trial.
In 2008, the Court of Appeals affirmed the Court of Special Appeals' reversal of the convictions and remand for re-trial, due to the trial court's error in failing to answer the jury's questions about whether a sex act continued after the withdrawal of consent could constitute rape if penetration had already occurred. However, the court ruled that consent could be withdrawn at any time, even if the victim had initially consented.
Initially, the two men involved were charged as adults with first-degree rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
. 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
Maryland Court of Special Appeals
The Maryland Court of Special Appeals is the intermediate appellate court for the U.S. state of Maryland. The Court of Special Appeals was created in 1966 in response to the rapidly growing caseload in the Maryland Court of Appeals. Like the state's highest court, the tribunal meets in the Robert C...
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
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
. 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.
Defendant'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 SchoolWatkins Mill High School
Watkins Mill High School is located in Gaithersburg, an incorporated city in Montgomery County, Maryland, United States.The school is named after the Watkins family who owned a mill on the property. The school's colors are orange and blue. Watkins Mill is home to such programs as the...
in Montgomery Village, Maryland
Montgomery Village, Maryland
Montgomery Village is a northern suburb of Gaithersburg in an unincorporated area in Montgomery County, Maryland, United States. It is a large, planned suburban community, developed in the late 1960s and 1970s right outside Gaithersburg city limits...
. They drove to a residential area with an 18-year-old woman who attended Montgomery College
Montgomery College
Montgomery College is a public, open access community college located in Montgomery County, Maryland, just outside Washington, D.C. in the United States. The college has three campuses, the largest of which is in Rockville; the other campuses are in Takoma Park/Silver Spring and Germantown...
. 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. Baby got out of the car and Wilson had sexual intercourse
Sexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
with her. Then Baby got back in and had a brief conversation with the woman. He said "So are you going to let me hit it?" She replied "As long as [you] stop when I tell [you] 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
Ejaculation
Ejaculation is the ejecting of semen from the male reproductory tract, and is usually accompanied by orgasm. It is usually the final stage and natural objective of male sexual stimulation, and an essential component of natural conception. In rare cases ejaculation occurs because of prostatic disease...
. All three returned to the McDonald's
McDonald's
McDonald's Corporation is the world's largest chain of hamburger fast food restaurants, serving around 64 million customers daily in 119 countries. Headquartered in the United States, the company began in 1940 as a barbecue restaurant operated by the eponymous Richard and Maurice McDonald; in 1948...
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.
Courts
The jury in the trial court convicted Baby of first degree rape and related charges, but the Court of Special Appeals, based upon a 1980 precedentStare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
that held that a rape could not legally occur if a woman withdrew consent after penetration, reversed the conviction. That precedent interpreted the English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
such that the withdrawal of consent following initial penetration
Sexual penetration
Sexual penetration is a sexual activity that involves the entry into a bodily orifice, such as the vagina, anus or mouth, with a body part or an object....
did not make the act a rape. The court noted other states had noted that the act of intercourse is not completed at the initial penetration, and so consent could be withdrawn at any point during intercourse. For rape, the court noted that force or threat of force was a necessary element of the crime. Due to issues involving the instructions to the jury
Jury instructions
Jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury...
regarding rape and consent, the case was remanded for a new trial.
In 2008, the Court of Appeals affirmed the Court of Special Appeals' reversal of the convictions and remand for re-trial, due to the trial court's error in failing to answer the jury's questions about whether a sex act continued after the withdrawal of consent could constitute rape if penetration had already occurred. However, the court ruled that consent could be withdrawn at any time, even if the victim had initially consented.