Economy

This North Carolina Law Is Straight Out of "The Handmaid's Tale"

This North Carolina Law Is Straight Out of

Hester testified in court that the man who assaulted her, Donnie Way, threatened to beat her if she didn't have sex with him.

Thanks to a 1979 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.

Lynn Schafran, senior vice president of Legal Momentum, said she had never seen anything like this ruling before. She said no. But Way wouldn't stop.

"It is certainly out of touch with the way these case are being considered today", she told The Independent. And then he threatened to hit her again, she said.

Ever since that 1977 case, North Carolina has said that once a woman says yes to sex, she can't change her mind once it's started. The bill also spells out that a person can withdraw consent even if penetration has taken place with consent and even if it is during the same sexual act that a person previously consented to.

The Supreme Court ruled that "if actual penetration is accomplished with the woman's consent, the accused is not guilty of rape, although he may be guilty of another crime because of his subsequent actions".

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. Jeff Jackson (D-Mecklenburg) told The Fayetteville Observer this week. Way, "women can not revoke consent after sexual intercourse begins", according to The Fayetteville Observer. ".North Carolina is the only state in the country where no doesn't really mean no". On Thursday, the Fayetteville Observer highlighted the story of Aaliyah Palmer, a 19-year-old who says she initially consented when a man pulled her into a bathroom to have sex at a party, but asked him to stop five minutes later after he allegedly started yanking out her hair. "If I tell you "no" and you kept going, that's rape". She consented to sex in December when her estranged husband came over to her apartment drunk-he was angry, she said, and she feared what might happen if she refused.

In 1979, the NC Supreme Court ruled a person can't be charged with rape if the partner initally consented to sex, but revoke consent after sexual intercourse begins. He pleaded guilty to the misdemeanor charge and received a 10-month jail sentence.

More news: BIFF hostages rescued in North Cotabato

"I was devastated. I didn't understand how that could be because I knew I had been raped", Guy told the station.

Jackson is sponsoring Senate Bill 553, which would make it a crime to continue intercourse after a woman revokes consent.

"Prosecutors can only do what the law allows them to do", attorney Anne Munch told the Observer, "so when consent is withdrawn by the victim and the sex act continues by the offender, the current state of your law appears to categorize this as noncriminal".

Maltsberger said the court's ruling concerned this specific statute's breadth, but left open the possibility for more specific laws with a narrower focus.

Once a woman agrees to having sex, her partner can legally ignore her if she says she'd like to stop.

He tried to push a similar bill through the state Senate in 2015, but it "died" in committee and wasn't voted on.

Jackson wants the law changed and sponsors the bill.



Like this

loading...
loading...

Latest


23 June 2017
Ducati Multistrada 1200 Enduro Pro revealed
One of the biggest visual changes is the sand colour which is present on the nose and the tank cover of a bike. To make it more off-road capable than the Enduro, Ducati has fitted it with Pirelli Scorpion Rally rubber.

23 June 2017
King hails new Sports Direct deal
The Ibrox chief called a surprise press conference on Wednesday to confirm a new kit deal with Ashley's retail firm has been agreed.

23 June 2017
Barack Obama Blasts Senate Healthcare Bill
It's expected the Congressional Budget Office (CBO) will soon release a score on the bill, detailing its forecast impact. And the Senate bill matches the AHCA in its cruelty to low-income Americans, who would face massive cuts in Medicaid .

23 June 2017
Amazon is accusing Wal-Mart of bullying for using AWS
Amazon, though, reportedly considers Walmart's maneuver as an effort to "bully" others from legitimately using their technology. With Wal-Mart's purchase of online retailer Jet.com past year , the company has pushed further into Amazon's turf.

23 June 2017
Benami properties case: Misa Bharti's husband appears before IT office
A similar exercise of obtaining details is to be carried out by the department against her husband Shailesh Kumar, they added. The attached properties include a farmhouse and a bungalow in Delhi, newswire service ANI reported.

23 June 2017
U.S. says it shot down Iranian-made drone in Syria
It is the first time any activity by Russian or Syrian government forces have seriously affected the coalition against Daesh. Another day, another escalation in Syria. "That would be another mistake on the scope of the Iraq War", he said.

23 June 2017
Sentiment Report: Third Bancorp Fifth (NASDAQ:FITB)
Also, it has an estimated price-earnings (P/E) multiple of 10.25 and a trailing 12-month price-earnings (P/E) multiple of 12.07. The investment professionals in our partner's database now own: 604.34 million shares, up from 601.09 million shares in 2016Q3.

23 June 2017
Detroit Pistons take Duke's Luke Kennard with No. 12 pick
At Duke, Kennard averaged 19.5 points and shot almost 49 percent, earning a spot on the Associated Press All-America second team. Kennard was a consensus second-team All-American selection in 2017, first-team All-ACC selection and the ACC Tournament MVP.

23 June 2017
Parents unhappy with spread of toothpick crossbows
Police in Chengdu, a major city in China, are pushing for a ban on the devices, but even that may not stop their spread. Besides, the toy can transform into a risky weapon if the toothpicks are swapped for nails and needles.

23 June 2017
Obama attacks Senate health bill as "massive transfer of wealth to rich"
Policy experts said that would keep more young, healthy people out of the market and likely create a sicker patient pool. It also repeals Obamacare taxes on health insurers and providers, as well as the investment income of wealthy Americans.