An Inclusive Litany

1/13/03

In a 6-1 ruling, the California Supreme Court upheld the conviction of John Z., a 17-year-old who served six months in a juvenile detention facility for raping Laura T., then also 17.

According to her testimony, Laura went to a party in which she was alone with four boys drinking beer. She told two of the boys that she didn't want to have sex with them, but nevertheless engaged in heated foreplay with both, to the point of undress, which she said she enjoyed very much.

The second boy left the room, and the first boy had intercourse with Laura. He stopped after his condom kept coming off, which Laura said was a sign they "shouldn't be doing this." After the first boy left, the second, John, re-entered the room and initiated intercourse. She did not say anything at this point, or push him away.

Laura testified that the two rolled over so that she was on top for about five minutes, but that he forced her to continue by grabbing her waist—with one hand, since the other was in a cast. After they rolled over again so that he was on top, Laura told John that if he cared for her, he would have waited.

Soon afterwards, she said "I should be going now," and "I need to go home." Because it took John Z. an estimated minute and a half to cease after hearing these words, he was convicted of rape.

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