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.

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"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.

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