NC CASE LAW: CAN’T BE CHARGED WITH RAPE IF PERSON REVOKES CONSENT DURING SEX

WFMY News 2/Erica Stapleton

A Fayetteville woman feels spurned by a decades-old North Carolina law that rules a person can'tbe charged with rape even if the other person revokes consent during sex.

A bill stalled in the Senate's Rules Committee would change that.

In a Fayetteville Observer article published this week, 19-year-old Aaliyah Palmer says she wasthe victim of a sex crime back in January. A man pulled her into the bathroom for sex, for whichshe was willing. When the sex turned violent and she told the man to stop, he didn't listen.

In 1979, the NC Supreme Court ruled a person can't be charged with rape if the partner initallyconsented to sex, but revoke consent after sexual intercourse begins. In State Vs. Way, the courtdetermined 'if the actual penetration is accomplished with the woman's consent, the accused is notguilty of rape, although he may be guilty of another crime because of his subsequent actions.'

“It’s really stupid,” Palmer said of the law. “If I tell you no and youkept going, that’s rape.”

The accused man involved was not named in the article because he wasn't charged with a crime.Under Senate Bill 553, sponsored by Senator Jeff Jackson (D-Mecklenburg), anyone who failed to stopintercourse when a woman who had originally consented changed her mind, would be charged.

Jackson wants the law changed and sponsors the bill. Jackson says several women have consultedwith him about having experiences similar to Palmer's.

“Legislators are hearing more and more about women who have been raped and are beingdenied justice because of this crazy loophole,” Jackson said. “North Carolina is theonly state in U.S. where no doesn’t mean no.”

The bill is stopped in the committee and Jackson added it will likely be dead for the rest ofthe legislative session.

“There’s no reason for this to be partisan,” Jackson said. “It’sabout doing what’s obviously right.”

North Carolina common law, which can be changed by the General Assembly, doesn't directly definewhat consent is.

As far as no means no, it is an absolute, explains Sonya Desai, client services coordinatorwith the Guilford County Family Justice Center. We believe it to be an absolute, so when someonesays no to sex that means no.

Desai says she thinks the case law is behind the times and hopes to see some new changes to thestate's common law.

You can have consent in the beginning, but you should also be able to revoke consent once theact begins.

Timothy Stewart, an attorney in Winston-Salem says the language in the State v. Way case readingcan be a little murky.

The withdraw of consent wouldn't make the original act a rape, Stewart explains. They don'tdo a very job explaining that.

But that doesn't mean the person can't be charged with something else.

Sgt. KB Johnson with the Greensboro Police Department's Family Victims Unit says they could seekcharges like sexual assault, kidnapping or a weapons charge, to name a few, but it's all dependenton the case.

If we have to use other charges to get our offender, we'll do that, he says.

He also says GPD will investigate any rape case reported to them, but it's still a toughsubject.

Johnson's Unit will also work with the Family Justice Center to provide people with anyresources they may need.

You can contact the Guilford County Family Justice Center at (336) 641-7233.

You can also reach out to Family Service of the Piedmont for resources. Click here for moreinformation.

Message from Executive Director Laura A. Ahearn: Parents for Megan's Law and the Crime VictimsCenter provides prevention education, advocacy, counseling and other valuable support services tochild and adult victims of sexual assault and to all victims of violent crime. Please visit ourwebsite at www.parentsformeganslaw.org for news, information and resources in your community.

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