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of force , it said she `` agreed that appellee 's hands were not restraining he r in any manner during the actual penetration , and that the weight of his body on top of her was the only force applied . '' Advocates for rape victims around the country and local prosecutors said the ruling underscores the problem with s exual assault statutes like Pennsylvania 's that require proof of force or activ e resistance to establish rape . Roughly half of the states require some proof o f physical force in their rape laws but state courts have issued widely varying interpretations , according to victims advocates . `` This goes against what we 've been teaching women all these years to say `` no , ' and mean `` no , ' and after that , any nonconsensual sex act is rape , '' said Kathryn Geller Myers , spokeswoman for Pennsylvania Coalition Against Rape . `` The message here is tha t a woman has to physically resist and risk serious bodily injury to prove she w as raped . `` If you 're a 107-pound woman and a 280-pound guy is on top of you , I think that 's forcible compulsion , '' Myers said . `` This is one of the wo rst setbacks for the sexual assault movement in the last several years , '' said Cassandra Thomas , president of the National Coalition Against Sexual Assault . According to the opinion , the woman entered the room of Robert A . Berkowitz , then 20 , looking for his roommate , who was a friend of hers . The roommate wa s not there . Berkowitz sat beside her , pulled up her blouse and bra , fondled her breasts and attempted without success to get her to perform oral sex on him , the opinion says . He then locked the door , pushed her onto the bed , partial ly removed her clothes and sexually penetrated her , according to the opinion . The opinion pointed out that the door was locked from the inside , but she did n ot attempt to unlock it . The opinion quoted her as testifying , `` He didn't th row me on the bed ... . It was kind of like a push ... . ( It ) wasn't slow like a romantic kind of thing , but it wasn't a fast shove either . It was kind of i n the middle . ` ` The defendant , Berkowitz , told the jury that he heard the w oman say `` no , '' but did not believe that she meant it . Berkowitz 's lawyer , Mark Sheppard , said the ruling was a fair interpretation of the state rape st atute . But Monroe County district attorney James Gregor , who prosecuted the ca se , said the decision left to individual interpretation the question of what co nstituted physical force . `` Are we going to start using meters to gauge how mu ch a man pushed a woman to see what constitutes force ? '' asked Gregor . He sai d the facts of the case `` pushed the envelope of what a rape would be , approac hing the question of acquaintance or date rape . '' Pennsylvania 's sexual assau lt laws have not been overhauled in more than 20 years . The law does not addres s the question of consent ; use of force is the key issue . The national trend , according to Thomas of the National Coalition Against Rape , is for states to r emove clauses that require proof of force or resistance . Arizona and Alaska are among states that have made these changes in the last five years . New Jersey ' s law is similar to Pennsylvania 's , yet the New Jersey Supreme Court ruled in 1992 that `` any act of sexual penetration engaged in by a defendant without the affirmative and freely given permission '' of the other person constitutes sexu al assault . The Texas statute , said Thomas , defines sexual assault as sexual penetration of another person `` without that person 's consent . '' Pennsylvani a state representative Karen Ritter , D , has introduced legislation to reform t he state 's sexual assault laws in the last two sessions . Her package , she sai d , `` would make clear that any actions by a victim for self-preservation or su bmission are not to be considered consent . '' She said she believes that the Be rkowitz ruling will give momentum to her legislation , now in the House Judiciar y Committee . ROME President Clinton launched an eight-day European voyage of nostalgia and d iplomacy Thursday with a celebration of America 's `` towering friendship '' wit h Italy and a search for common ground with the pope on population control . Cli nton , in a late afternoon address to the people of Rome at the city 's historic al heart on Capitoline Hill , declared that the United States and Italy shared a bond of blood and spirit forged in the 50 years since the end of World War II . `` America and Italy are more than mere partners , '' Clinton said , standing i n the Michelangelo-designed plaza where his political idol , John F. Kennedy , s poke to the citizens of Rome 31 years ago . `` We are now and forever will be ` Alleati , amici , una famiglia ' ' ' ( Allies , friends , one family ) . Clinton 's European trip is chiefly dedicated to commemoration of the liberation of Eur ope from Nazism and fascism and the 50th anniversary of the D-Day landings of Ju ne 6 , 1944 . But the president is combining ceremonies of remembrance with subs tantive talks with Italian , British and French leaders on current issues , from North Korea 's nuclear ambitions to the civil war in the former Yugoslavia and the surge of ultranationalist politics in Europe . He also used the occasion to conduct a private , 40-minute meeting with Pope John Paul II , their second enco unter in less than a year . The pontiff , growing more outspoken with the years , did not pull his punches on abortion with the young U.S. president . The secul ar and spiritual leaders made little effort to mask their fundamental dispute ov er abortion while seeking shared language on the central role of the family in s ociety . Clinton acknowledged `` genuine disagreements '' with the pope on contr aception and efforts to slow population growth in the developing world . But the president said he reassured John Paul II that , despite his and his wife 's lib eral views on abortion rights , his administration does not endorse abortion as a means of contraception or population control . The White House and the Vatican were far apart , also , on spin control . While Clinton said he and the pope sp ent the bulk of their time discussing problems in Asia , the Middle East and Lat in America , the Vatican , in a statement , said `` the most important part of t he meeting '' was dedicated to the subject of the `` defense and promotion of li fe '' the Church 's code words for its unwavering opposition to abortion . `` In this regard , '' the Vatican statement said , `` the Holy Father made an appeal to the responsibility of a great nation such as America , whose origin and hist orical development has always promoted ethical values that are basic to every cu lture . '' The pope had upbraided Clinton on abortion at their first meeting , i n Denver last August . After seeing the pope and viewing the newly restored fres coes of the Sistine Chapel , Clinton met with American seminarians at the Vatica n . He told the priests-in-training that seeing the pope was an `` awe-inspiring experience '' and praised their commitment to a life of faith and self-discipli ne . With perhaps an unconscious reference to his own inability at times to resi st earthly temptation , Clinton told the earnest theologians , `` In all secular societies , it is recognized that very few people have the capacity to make a c ommitment of that depth and constancy . And yet , all of us know that , ultimate ly , the meaning of our lives depend upon the constant effort to achieve a level of integrity between what we feel and what we think and what we do . '' After C linton 's two-hour visit to the Holy See , the president and the new Italian pri me minister , billionaire Silvio Berlusconi , met for the first time . The Itali an leader reaffirmed his government 's commitment to political and economic refo rm , despite the presence of five neo-fascist ministers in his 25-member Cabinet . Clinton said he would judge Berlusconi 's conservative new government on its record and said he was confident Italy would continue to hew to its democratic t raditions . But he expressed concern about the appeal and spread of totalitarian sentiment , not just in Italy but throughout the world . ( Begin optional trim ) `` No country is immune to people who run making extremist statements trying t o divide people , trying to , in effect , play on both the economic frustrations and the social and moral frustration that people feel in all countries where th ere is both economic stagnation and social disintegration , '' Clinton said in a news conference with Berlusconi at the Palazzo Chigi , seat of the Italian gove rnment . `` People everywhere yearn for a certain sense of order and discipline and hopefulness about the daily conditions of life , '' Clinton added . `` And w hen those things are under stress , every political system will be vulnerable to people who try to play on fears and to divide people . '' He said he was reassu red by Berlusconi 's promise his government is unequivocally committed to democr acy `` from top to bottom . '' ( End optional trim ) Friday , Clinton visits the American cemetery at Nettuno , near the site of the disastrous Anzio landing of January 1944 . He will pay homage to the war dead and speak about the struggle to extend the hard-won freedom of Western Europe to the struggling nations of th e former Soviet Union . WASHINGTON There 's a baby boomlet going on at the Great Ape House at the Natio nal Zoo : Three newborn gorillas in three years , the latest born this week . Th e newest infant , born Monday afternoon to 12-year-old Mandara , has not yet bee n named because mom is keeping such a tight grip that zoo keepers cannot determi ne its gender . Based on brief glimpses , they believe it 's a female . At the a pe house Thursday , Mandara cradled the nursing infant constantly , even keeping a one-handed grip as she bent over for a drink of water from the compound 's ou tdoor fountain . She 'll carry the baby for three or four months , when it will begin riding around on her back . The birth apparently was an easy one , and mot her and baby ( estimated weight : four to five pounds ) appear to be doing well . Zoo officials believe the birth happened quickly , shortly after 5 p.m. , base d on reports from zoo visitors . They 'd known Mandara was pregnant , and based on when she was bred , expected a birth between February and June . Gorilla gest ation is 8 to nine months . The gorilla babies are not the only things happening at the zoo . Babies have been born this spring to a white-cheeked gibbon , an a rmadillo , an elephant , a Komodo dragon , a snake-necked turtle , rodents and b irds , including a blue-crowned hanging parrot . More are expected : Pregnant an imals include a red kangaroo , a Dorcas gazelle and a naked mole rat . Baby make s seven for the gorilla group at the ape house , which already includes two adul t males , another female and two toddler male gorillas . The social group was cr eated eight years ago with the idea of using unrelated apes , some on loan from other zoos , to duplicate the tight family living pattern of gorillas in the wil d . The gorilla births are part of an international breeding program to protect species that are endangered in the wild . Three years ago , Mandara gave birth t o her first baby , a male the National Zoo 's first gorilla birth in 19 years . Two years ago , the other female , Haloka , had a male that she rejected , so Ma ndara took over mothering duties , including nursing . At the zoo , they call he r `` supermom . '' The father of all three gorillas is 13-year-old Gus ; zoo off icials say he 's acting protective of the newborn . TUNIS , Tunisia Yasser Arafat , the Palestine Liberation Organization chairman , fell ill after a meeting with a U.S. Senate delegation and spent much of Thurs day in bed , raising fears for the health of the aging chairman who is said to b e exhausted and ridden with stress . The new health alarms were raised about a w eek after Arafat checked into a Tunis military hospital for tests after a flare- up of a vertebrae condition that first erupted in 1979 and was aggravated by wee ks of long hours and little sleep , his aides said . Arafat 's top lieutenants s ought to downplay the 64-year-old chairman 's current llness , which they descri bed as `` a cold '' that set in Wednesday afternoon after Arafat spent a tiring day flying to Algeria , Mauritania and then meeting with a U.S. Senate delegatio n headed by Paul Simon , D-Ill . Arafat who normally works until the wee hours o f the morning , sleeps until 9 a.m. and then gets up for another day of work ins tead went to bed after meeting the Americans . He did not get up again until Thu rsday evening , when he returned to his desk . `` It 's not true that he is seri ously ill . He got a cold during our trip to Algeria and Mauritania , and he 's getting some rest today , '' said Yasser Abed-Rabbo , one of Arafat 's senior ad visers and an appointee to the new governing Palestinian Authority . `` I 'm sur e by tonight he will be back in his office . It has nothing to do with his heart . It 's more like a sore throat . '' Arafat 's wife , Suha Tawil , had sought t o quiet alarms about Arafat 's health when she spoke by telephone to CNN . Inste ad , she fanned the flames by saying he was `` in bed with angina . '' Later , h er brother said she had meant the French word `` angine , '' by which she intend ed to say a sore throat . ( Optional add end ) Though his current condition does not appear serious , Arafat seems clearly to be feeling the strain of weeks of stress and overwork . The debut of Palestinian self-rule in Jericho and the Gaza Strip has stepped up pressure on his administration in Tunis to begin providing services and paychecks to Palestinians at a time when international donor short falls have plunged the PLO into a cash crisis . At his meeting with the U.S. sen ators , Arafat looked `` tired , pale and nervous , '' according to one observer at the meeting . Arafat aides said the vertebra flare-up that hospitalized him happened after the four-day holy Muslim feast of the Eid al-Adha , when Arafat h ad an exhausting schedule of visiting the Palestinian orphanage , stopping at th e cemetery for the Palestinian dead in Tunis and , over the course of the weeken d , kissing more than 1,000 well-wishers . `` Saying that he was in the hospital for five days is rumor mongering . He made a usual medical checkup as any one o f us might do , '' said one of his top lieutenants . He said Arafat first suffer ed the vertebrae condition in 1979 , when he was attempting to mediate in the wa r between Iran and Iraq and had to wear a neck brace . During the feast , he sai d , `` He received more than 1,000 people who kissed him , each one of them put his hand around his neck , and the pain came back . Is he human or inhuman ? `` You have to consider how many hours he works , '' the aide added . `` How many p eople he meets every day , how much stress he lives under , and everybody has to remember he 's not a machine , he 's a human , of blood and flesh . But he 's i n very good condition . '' WASHINGTON After weeks of abuse and bad news from Washington , the tobacco indu stry has apparently won a rare victory it may keep Joe Camel . Anti-smoking grou ps said Thursday their complaint against the popular cartoon character , the pro tagonist of a seven-year advertising campaign for Camel cigarettes , had been re jected by the Federal Trade Commission . R.J. Reynolds Tobacco Co. had been accu sed of using the smiling , fun-loving animal to weaken children 's resistance to tobacco products . But the commission voted this week 3-2 not to pursue the com plaint , according to sources . The decision was particularly heartening for Rey nolds , which insisted the ads were aimed at adults . Last year the FTC staff re commended banning Joe Camel . Attorney generals from 27 states had petitioned to begin legal proceedings against the ads . Having grown accustomed to regular do ses of venom from government agencies , a spokeswoman for Reynolds was careful i n her words , saying the company had not yet been notified of the vote . If the report was true , said Peggy Carter , `` we 're obviously pleased that the FTC ' s extremely thorough review of all of the documents tens of thousands of pages a nd all of the facts relating to Joe Camel matter led to a decision not to move f orward with a complaint . '' Joe Marks , a spokesman for the American Heart Asso ciation , said anti-smoking activists learned of the decision from FTC sources . He called the news `` a big disappointment we thought this was an easy one , a blatant ad targeted at kids . '' Some sources had earlier indicated , however , that the FTC might not pursue the matter because of concern over the violation o f free speech rights and the lack of evidence that the cartoon although almost a s recognizable to many children as Mickey Mouse had convinced young people to st art smoking . Claudia Bourne Farrell , spokeswoman for the FTC , said she would not confirm or deny the report of commission action . There is often a delay bet ween an FTC decision not to pursue a complaint and a publicly reported formal vo te to drop an investigation . Carter said Reynolds and its advertising agency re vived the Joe Camel campaign , originally used in France in 1974 , as a light-he arted way to convince adult consumers that `` this was not the brand that their grandfathers had smoked . '' The smiling camel , described as `` the smooth char acter , '' appeared in magazine ads and billboards beginning in 1987 and stopped what had been a steady decline in the brand 's share of the market . Until last year 's price wars threw the cigarette industry into turmoil , Camel had 4 perc ent of the American market and was one of only two name brands not losing market share to new discounted brands . Carter said the company acknowledged Joe Camel had drawn the attention of children , but cited several studies showing no chan ge in youthful attitudes toward smoking or that particular brand . A survey by t he Centers for Disease Control showed 71 percent of underage white smokers chose Marlboro while only 8.3 percent buy Camels . Five percent of black youths smoke Camels . The company cited a survey by Lucy Henke of the University of New Hamp shire showing widespread recognition of Joe Camel among children , although 96 p ercent said they did not like cigarettes . Scott Ballin , chairman of the Coalit ion on Smoking or Health , said the decision revealed the FTC in `` total paraly sis '' on tobacco issues . He called for Congress to give authority over cigaret te advertising to the Food and Drug Administration . WASHINGTON The Clinton administration has joined with its European allies and R ussia for the first time to forge a detailed , bottom-line peace proposal for Bo snia based on a near even split of land between the contending forces . Washingt on had resisted endorsing specific outlines for a territorial solution between a Muslim-Croat federation and a breakaway Serb force . In recent months , however , U.S. officials had approved in principle a 51 percent-49 percent division of land , with the Muslims and Croats receiving the bare majority . Now Washington is formally supporting that plan , which is scheduled to be presented in Geneva at peace talks scheduled to resume Saturday . Concern that talks between the Bos nian-led Muslim government and the Serbs were going nowhere , and that the war w ould drag on , prompted Washington to propose the `` de-facto map '' for partiti on , with details left to the warring factions to work out , a State Department official said . The plan includes advice on resolving differences over disputed territory in several parts of Bosnia , including the contested Bihac region and isolated Muslim enclaves of east Bosnia . `` This is do-or-die for the Muslims , Croats and Serbs , '' a State Department official said . `` We basically offer a solution , but it is up to them to decide whether to accept . '' There is no i ndication that either the Muslim-led government or the Serbs will embrace the pr oposal . The Muslims say they want more than 51 percent and their military leade rs believe they can make up ground on the battlefield . The Serbs have shown no sign of giving up any territory . The Serbs now hold more than two-thirds of the country after a two-year war of conquest that has included systematic killing a nd expulsion of civilians from their homes . The U.S.-backed proposal is based o n a combination of solutions that were bandied about in previous talks , a U.S. official said . U.S. envoy Charles Redman , and mediators from Russia and the Eu ropean Union all in the so-called Bosnian `` contact group '' hammered out the n ew proposal . Redman is in Europe meeting with mediators from Russia , Britain , France and Germany in advance of Saturday 's meeting . The Clinton administrati on had strongly resisted endorsing a clear territorial solution , especially one that ratified any Serb gains . Washington long based its policy in Bosnia on op position to the Serb conquest of territory by force . Recently , confusion cloud ed the Clinton adminstration stand on the territorial issue . In talks brokered by Redman , the Muslims and Croats based an agreement to form a confederation on a 58 percent to 42 percent split of land , with the Serbs getting the smaller p art . At first , Redman hailed the agreement as a whole . That prompted the Stat e Department to qualify the endorsement to cover only the Muslim-Croat agreement to unite , and not the 58-42 percent division . The coming talks on land were s upposed to be preceded by talks beginning Thursday on a cease-fire . But United |
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