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6 - Commentary on People v. Wu

from Part I - Gendered Justice

Published online by Cambridge University Press:  01 December 2022

By
John Felipe Acevedo
Edited by
Bennett Capers ,
Sarah Deer  and
Corey Rayburn Yung
Bennett Capers
Affiliation:
Fordham University, New York
Sarah Deer
Affiliation:
University of Kansas
Corey Rayburn Yung
Affiliation:
University of Kansas
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Summary

In an opinion that made national news, the high court in Maryland reversed the judgment of an intermediate court and upheld the defendant’s conviction for rape. The court explicitly rejected the defendant and intermediate court’s reasoning that consent should be evaluated using a reasonable victim standard. Although the opinion in Rusk is widely cited as a turning point in recognizing sexual violence in nonstranger rape cases, there remained many elements of the opinion that have been the object of feminist criticism.

Keywords

raperesistknifethreatswomanintercourseapartment
Type
Chapter
Information
Feminist Judgments: Rewritten Criminal Law Opinions , pp. 110 - 130
Publisher: Cambridge University Press
Print publication year: 2022

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