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from Part I - Gendered Justice
Published online by Cambridge University Press: 01 December 2022
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.
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