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N. Carolina Law: Once A Sex Act Begins You Cannot Withdraw Consent

Crackers Phinn

Either A Blessing Or A Lesson.

North Carolina’s the only state with a law that says once a sexual act begins, you can’t withdraw consent


A bill languishing in the North Carolina state senate could clarify the state’s definition of sexual consent and close what some are calling a “legal loophole” for rape.

North Carolina is the only state where you can’t legally withdraw consent once a sex act has started, says Democratic state Sen. Jeff Jackson. He’s the primary sponsor of SB 563.

“I think the importance of this issue is self-evident,” Jackson tells CNN. “I just don’t think we can defend a loophole in our rape law that allows this.”

Even though Jackson says there’s strong bipartisan support for SB 563, it wasn’t addressed in time for the state Senate’s crossover deadline. Now, the only way the bill can be passed this year, Jackson says, is if it is added as an amendment to another bill.

It’s based on a 1979 case

Currently, the state’s stance on sexual consent is based on a precedent decided in a 1979 case of sexual assault.

In the decision, a North Carolina Supreme Court Justice stated “If the 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.”

In other words, once consent is given, it cannot legally be taken away.

The language of SB 563 would change that, allowing a person to withdraw legal consent once a sexual act began.

“A person who consents to vaginal intercourse or to a sexual act can withdraw that consent at any time during the course of that vaginal intercourse or sexual act,” the bill reads.

“A defendant who continues the act of vaginal intercourse after consent is withdrawn is deemed to have committed the act of vaginal intercourse by force and against the will of the other person. A defendant who continues the sexual act after consent is withdrawn is deemed to have committed the sexual act by force and against the will of the other person.”

The only state among 50

When discussing the difference between North Carolina’s legal framing of consent and the rest of the country’s, Jackson points to research conducted by the University of North Carolina School of Government that concludes North Carolina is the only state that specifically disallows revoking consent.

“What you’ll see is that a number of states … don’t address this specifically in their law,” Jackson says. “According to reviews that have been done, North Carolina is the only state that affirmatively limits consent in this way.”

The 40-year-old precedent has attracted national criticism for years.

Jackson has been trying to pass legislation addressing the issue since 2015.

“In the conversations that I’ve had, people are overwhelmingly supportive of closing this loophole, and why wouldn’t they be?” he says. “I have yet to have a conversation with a legislator that doesn’t support it either.
In North Carolina, you can't withdraw consent once a sexual act begins - CNN
 

Crackers Phinn

Either A Blessing Or A Lesson.
They are trying to change the law because of little things like this.

If dude takes a condom off after you ok'd penetration then the unwanted pregnancy or STD is criminal mischief, maybe assault if the judge is feeling charitable.

If lubrication becomes an issue then too bad, consent was given, so shut up and ride that burning sensation out until he's done.
 

Transformer

Well-Known Member
I agree with this. I remember the course case where a woman consented to intercourse and then asked the guy to stop. However she said that it took him THREE SECONDS to stop and therefore she was raped.

Also, a lot of Black athletes messing around with Beckies has gotten caught with “he didn’t stop soon enough” claim.
 

Crackers Phinn

Either A Blessing Or A Lesson.
I agree with this. I remember the course case where a woman consented to intercourse and then asked the guy to stop. However she said that it took him THREE SECONDS to stop and therefore she was raped.

Also, a lot of Black athletes messing around with Beckies has gotten caught with “he didn’t stop soon enough” claim.
I really and truly don't care about dudes who get hemmed up. Three seconds can feel like three years for a woman with a tilted uterus and dude is hitting the right spot bigly and wrongly.
 

Ivonnovi

Well-Known Member
NC is a strange one. Back in the mid 80's I learned (during some legal training) that a womens breast were not considered part of her sexual being in NC. Therefore you could not bring sexual harrassment/assault charges against someone for grabbing or fondling a woman's breasts.

During a quick search I see that as recent as 2018 they were still grappling with whether or not breasts are considered "Private Parts". SMDH....The 2018 article references these "Private Parts" in regards to public breast feeding.
 
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Crackers Phinn

Either A Blessing Or A Lesson.
Can you provide a source?
I remember that analogy being brought up in the Aziz Ansani rape thread and looking it up. The 5 second pullout is not quite the whole story.

As detailed in court testimony quoted in the Court of Appeals opinion,[1] on December 13, 2003, Maouloud Baby (1988- ), age 15, and a classmate, Michael Wilson, were students at Watkins Mill High School in Montgomery Village, Maryland. They drove to a residential area with an 18-year-old woman who attended Montgomery College. Baby and Wilson knew the woman socially. After the woman parked the car, Baby and Wilson asked her to sit between them in the back seat of the car. After she did they began touching her sexually. They told her that she would not be able to leave until "they finished whatever they told [her] to do". Baby got out of the car and Wilson had sexual intercourse with her. Then Baby got back in and had a brief conversation with the woman. When asked if she felt like she had a choice whether or not to have intercourse with him, she said "Not really. I don't know. Something just clicked off and I just did whatever they said." Baby then said "So are you going to let me hit it?" She replied "As long as [you] stop when I tell [you] to." She said the intercourse was becoming painful and she asked him to stop and he stopped about 5 seconds later and did not ejaculate. All three returned to the McDonald's restaurant in Montgomery Village where they had been earlier that day. Before leaving, the woman and Wilson hugged, and she gave Baby her telephone number. Hours later she told a friend's mother what had happened and the police were called.
 

Theresamonet

Well-Known Member
I remember that analogy being brought up in the Aziz Ansani rape thread and looking it up. The 5 second pullout is not quite the whole story.

As detailed in court testimony quoted in the Court of Appeals opinion,[1] on December 13, 2003, Maouloud Baby (1988- ), age 15, and a classmate, Michael Wilson, were students at Watkins Mill High School in Montgomery Village, Maryland. They drove to a residential area with an 18-year-old woman who attended Montgomery College. Baby and Wilson knew the woman socially. After the woman parked the car, Baby and Wilson asked her to sit between them in the back seat of the car. After she did they began touching her sexually. They told her that she would not be able to leave until "they finished whatever they told [her] to do". Baby got out of the car and Wilson had sexual intercourse with her. Then Baby got back in and had a brief conversation with the woman. When asked if she felt like she had a choice whether or not to have intercourse with him, she said "Not really. I don't know. Something just clicked off and I just did whatever they said." Baby then said "So are you going to let me hit it?" She replied "As long as [you] stop when I tell [you] to." She said the intercourse was becoming painful and she asked him to stop and he stopped about 5 seconds later and did not ejaculate. All three returned to the McDonald's restaurant in Montgomery Village where they had been earlier that day. Before leaving, the woman and Wilson hugged, and she gave Baby her telephone number. Hours later she told a friend's mother what had happened and the police were called.

Oh, I remember this. When this story first broke it was just told as two young people having sex, and it took him 5-10 seconds to stop, and he was charged with rape. Yeah that sounds crazy. But the full details revealed that it really wasn't consensual sex in the first place. He shouldn't have been having sex with her for any seconds, so he doesn't get credit for stopping in 5 seconds.

But it's funny how people will use the experience of one man they think was treated unfairly (that they barely remember the details of), to justify putting all women in jeopardy of being raped. I should be able to get out of sex at any point that I decide I no longer want to continue, and so should every other woman, regardless of where they reside. I don't give a damn what happened to Michael Wilson in 2003.

Most women don't even have the assertiveness to stop a man mid thrust. So if we do, its likely for very good reason.
 

dicapr

Well-Known Member
NC is a strange one. Back in the mid 80's I learned (during some legal training) that a womens breast were not considered part of her sexual being in NC. Therefore you could not bring sexaul harrassment/assault charges against someone for grabbing or fondling a woman's breasts.

During a quick search I see that as recent as 2018 they were still grappling with whether or not breasts are considered "Private Parts". SMDH....The 2018 article references these "Private Parts" in regards to public breast feeding.
NC can be so backwards sometimes. I can say it-it’s my home state.
 

Rocky91

NYE side boob.
It is clear that there’s no real political will to pass this in the state legislature. It didn’t even get to the floor for a vote the last session it was introduced. Women in NC will really have to raise a stink to gain more traction.

he should reintroduce it again this session. They have some other bills languishing away as well:
-one to end all under-18 marriage exceptions
-one to end natural hair discrimination
-one to end barriers to abortion
 

Crackers Phinn

Either A Blessing Or A Lesson.
Oh, I remember this. When this story first broke it was just told as two young people having sex, and it took him 5-10 seconds to stop, and he was charged with rape. Yeah that sounds crazy. But the full details revealed that it really wasn't consensual sex in the first place. He shouldn't have been having sex with her for any seconds, so he doesn't get credit for stopping in 5 seconds.

But it's funny how people will use the experience of one man they think was treated unfairly (that they barely remember the details of), to justify putting all women in jeopardy of being raped. I should be able to get out of sex at any point that I decide I no longer want to continue, and so should every other woman, regardless of where they reside. I don't give a damn what happened to Michael Wilson in 2003.

Most women don't even have the assertiveness to stop a man mid thrust. So if we do, its likely for very good reason.
When men do it, it's out of self interest. When women do it, it's out of conditioning. I truly struggle with the concept of "brainwashing" but I have to concede that it is a thing that can happen if people have a reason to be open to it.
 

Leeda.the.Paladin

Well-Known Member
They are trying to change the law because of little things like this.

If dude takes a condom off after you ok'd penetration then the unwanted pregnancy or STD is criminal mischief, maybe assault if the judge is feeling charitable.

If lubrication becomes an issue then too bad, consent was given, so shut up and ride that burning sensation out until he's done.
Or if he’s been watching too much porn and starts choking you or doing other weird crap.
 
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