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Women cannot withdraw consent after penetration

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  • 16.07.2018
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In this US state, the law explicitly says you cannot withdraw consent once it's given. North Carolina is currently the only US state where "no doesn't really mean no. The decades-old law exists because of a state supreme court ruling that has never been overturned and efforts to change it have been unsuccessful. Now, it's come under fire after a number of women discovered that they had no legal basis to file a rape charge.
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Men Legally Allowed to Finish Sex Even If Woman Revokes Consent, NC Law States - VICE

According to the case State v. Lynn Schafran, senior vice president of Legal Momentum, said she had never seen anything like this ruling before. Amy Guy told local news station WRAL that her estranged husband showed up at her house one night last year, demanding sex. Pursuant to State v Way , however, his charges were dropped to misdemeanour assault on a female. He plead guilty and is currently serving out a 10 month prison sentence. She says he did not.
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In North Carolina, Women Can't Legally Revoke Consent After Sex Begins

Thanks to a state Supreme Court case ruling , North Carolina is the only state where women can't withdraw consent during intercourse if it's already underway and they've given previous consent. The issue is under renewed scrutiny after two North Carolina women in the past two months shared accounts of withdrawing consent during sex and then discovering their alleged attackers wouldn't be charged with sexual assault. As The Fayetteville Observer reports, a woman in Fayetteville, North Carolina says she consented to a sexual encounter with a man but told him to stop when he turned violent during intercourse; he allegedly continued having intercourse despite her objections. When the survivor looked further into her case, she found that what happened to her wasn't defined as "rape" because of a court ruling by the North Carolina Supreme Court in State v.
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In the Tar Heel state, it's not legally considered rape if a woman agrees to have sex but is later forced to continue--even when she has changed her mind, and said so. Way , which reversed the findings of a lower court and established the so-called loophole that exists today. In the decades since, this legal stance has allowed for various legal interpretations of the "no means no" or "yes means yes" principle, perhaps thanks to a seemingly one-sided, rather shallow take on the nature of "actual penetration. According to state Senator Jeff Jackson, a Democrat from Charlotte, the North Carolina law clearly needs to change, but educating folks about it has proved difficult.
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