KKD “rape” saga: Stop when she says stop, else it’s rape - Lawyer

A woman has the right to revoke her consent during sex and the man must cease “immediately” irrespective of his libido level else it amounts to rape, a legal brain has argued.

According to Mr. Kissi Agyabeng, nothing stops a woman from changing her mind even in the act of penetration and once that happens the slightest thrust afterwards can spell doom for the man if she decides to take it up legally.

Agyabeng’s comments come on the heels of the arrest of ace broadcaster Kwasi Kyei Darkwah (KKD) for allegedly raping a 19-year-old girl, Ewuraffe Orleans Thompson last Saturday at the African Regent Hotel.

The embattled CEO of Finest Productions has been remanded till January 8, 2015 when he made his first appearance in court Tuesday. According to the facts sheet, the 49-year-old accused broadcaster “forcibly had sex with the complainant” in a washroom at the hotel. The victim later reported to the police, but KKD insisted it was a consensual sex.

However, Agyabeng, who is a managing partner at Cromwell Gray LLP, said that cannot be an excuse, although the prosecution needs to argue “beyond reasonable doubt” that the victim was indeed raped.

“The court will be looking out for the unreasonable doubt to see whether there was penetration and in this case the arrested person has admitted that there was a sexual connection… what will be most important for the ascertainment is whether there was consent or the lack of it,” Agyabeng told Accra-based Joy FM.

He added: “If a woman gives a consent for a sexual connection she can revoke her consent at any time so if you are deep down in her and she says you should stop you have to stop and that is the unpalatable preposition of the law.

“… You must withdraw immediately because the sexual act starts from penetration all the way to withdrawal so when the consent has been given and she revokes it even when you are deep down her you must withdraw immediately because if you persist and you thrust one more that’s the least amount of penetration and that is rape,” Agyabeng warned.