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News Link • Sexuality: Sex and the Law

Women can't revoke consent to sex once underway, NC law states

• wbtv.com By Chris Dyches

The Fayetteville Observer recently posted a story about a teenage girl who said she was at a party when a man pulled her into a bathroom to have sex. She initially consented, but told police when the sex turned violent, she told the man to stop. And he didn't.

The North Carolina Supreme Court ruled in 1979, in State v. Way, that women cannot revoke consent after sexual intercourse begins. 

State v. Way (297 N.C. 293) states that if [intercourse begins] with the victim's consent, no rape has occurred though the victim later withdraws consent during the same act of intercourse. 

A Mecklenburg County Democrat, Jeff Jackson, is looking to get the law changed.

"Legislators are hearing more and more about women who have been raped and are being denied justice because of this crazy loophole," Jackson told the Fayetteville Observer. "North Carolina is the only state in U.S. where no doesn't mean no."

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