State v. Baby

RAKER, J.,

concurring and dissenting, in which WILNER, J., joins; BELL, C.J., joins in Part I only; HARRELL, J. joins in Part II only.

I agree with the majority that petitioner’s rape conviction should be reversed, but for different reasons. I agree that the trial court erred in not answering the jury’s note with respect to the effect of a woman’s withdrawal of initial consent post-penetration on the elements of rape. In my view, however, Battle v. State, 287 Md. 675, 414 A.2d 1266 (1980), controlled the trial court’s response, and the court should have told the jury that if a woman consents…