Criminal Justice

Bill would overturn state high court ruling that women can't revoke consent after sex begins

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North Carolina Supreme Court

A 1979 North Carolina Supreme Court decision held that women can’t revoke consent after sexual intercourse begins. Nagel Photography /

A North Carolina lawmaker says he wants to overturn a “crazy loophole” in state law that is denying justice to women when they revoke consent to sex.

Democratic State Sen. Jeff Jackson of Mecklenburg County is sponsor of a bill that would make it a crime to continue intercourse after a woman withdraws consent to sex, the Fayetteville Observer reports.

Senate Bill 553 would have the effect of overturning a 1979 North Carolina Supreme Court decision, State v. Way, that held women can’t revoke consent after sexual intercourse begins.

Women “are being denied justice because of this crazy loophole,” Jackson told the Observer. “North Carolina is the only state in U.S. where no doesn’t mean no.”

The bill is stuck in committee, according to the article.

The story cites the cases of two women who say they were denied justice because of the law. Both women said they withdrew consent after sex turned violent.

One woman said the man pulled out chunks of her hair, but didn’t stop when she told him to. The woman noticed during the incident that someone had placed a cellphone where it could record a video of the incident, according to probable cause affidavits.

Court documents said the man made two videos and shared them. He has been charged with being a peeping Tom and possession of peeping Tom images, the story says.

The man accused in the other incident was charged with misdemeanor assault.

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