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Under Senate Bill 553, sponsored by Senator Jeff Jackson (D-Mecklenburg), anyone who failed to stop intercourse when a woman who had originally consented changed her mind, would be charged.
Jackson wants the law changed and sponsors the bill. where no doesn’t mean no.”The bill is stopped in the committee and Jackson added it will likely be dead for the rest of the legislative session.“There’s no reason for this to be partisan,” Jackson said.
Hester testified in court that the man who assaulted her, Donnie Leon Way, threatened to beat her if she didn’t have sex with him. “If I tell you no and you kept going, that’s rape,” Palmer told The Fayetteville Observer.
Amy Guy, of Wake County, told WRAL that her estranged husband showed up drunk to her apartment in December, demanding sex.
“Since he was getting angry, I figured it would be better to go ahead and agree to the sex because I figured that was the safer thing for me to do,” she said.
Jackson says several women have consulted with him about having experiences similar to Palmer's.“Legislators are hearing more and more about women who have been raped and are being denied justice because of this crazy loophole,” Jackson said. “It’s about doing what’s obviously right.”North Carolina common law, which can be changed by the General Assembly, doesn't directly define what consent is."As far as no means no, it is an absolute," explains Sonya Desai, client services coordinator with the Guilford County Family Justice Center.
In 1979, the North Carolina Supreme Court made a ruling that continues to reverberate today: A man can't be guilty of rape if the woman first consented to sex — even if she later asks him to stop.
But he turned violent, and wouldn’t stop even though she begged him to.