Change Outdated NC Law That Does Not Allow Consent to be Withdrawn After Sex Begins

Movement:#MeToo

The Issue

Late last year, my estranged husband brutally raped me.

When he came to my house -- angry and belligerent -- I initially consented to having sex with him because I thought it was safest to say yes. But he grew more and more violent, and I became more and more scared and uncomfortable. I begged and pleaded for him to stop, but he refused. He attacked me for more than an hour and a half. It was horrific, and no one should have to endure that.

Soon after, I pressed charges against him. But because of a North Carolina legal case in 1979 that says a victim can’t revoke consent after sex has begun, even if it turns violent, he wasn’t charged with rape. He merely pleaded guilty to two counts of misdemeanor assault on a female, which resulted in roughly 10 months in prison.

North Carolina is the only state where ‘no’ doesn’t actually mean ‘no’ -- and this loophole remains. If this happened in Virginia or South Carolina, he would’ve been tried with rape, and he would’ve served a much longer sentence.

This is not acceptable. It’s not okay for me or the many others who have been or will be sexually assaulted in the future. It is not justice, plain and simple.

That’s why I’m asking you to help me, my attorney, Kris Hilscher, and Sen. Jeff Jackson hold rapists accountable.

Please sign this petition in support of a legislative bill in North Carolina that will reverse this horrible law and will lead to a new one that says ‘no’ actually means ‘no’ at every single point.

Unfortunately, I won’t benefit from this bill. But other women could, and you can help them get the protection they need by changing this law.

North Carolina cannot wait any longer.

avatar of the starter
Amy GuyPetition StarterYounce &amp; Vtipil, P.A. 3701 Lake Boone Trail, #300 Raleigh NC 27607 (919)-661-9000 <a href="https://www.attorneync.com" rel="nofollow">https://www.attorneync.com</a>
This petition had 62,875 supporters

The Issue

Late last year, my estranged husband brutally raped me.

When he came to my house -- angry and belligerent -- I initially consented to having sex with him because I thought it was safest to say yes. But he grew more and more violent, and I became more and more scared and uncomfortable. I begged and pleaded for him to stop, but he refused. He attacked me for more than an hour and a half. It was horrific, and no one should have to endure that.

Soon after, I pressed charges against him. But because of a North Carolina legal case in 1979 that says a victim can’t revoke consent after sex has begun, even if it turns violent, he wasn’t charged with rape. He merely pleaded guilty to two counts of misdemeanor assault on a female, which resulted in roughly 10 months in prison.

North Carolina is the only state where ‘no’ doesn’t actually mean ‘no’ -- and this loophole remains. If this happened in Virginia or South Carolina, he would’ve been tried with rape, and he would’ve served a much longer sentence.

This is not acceptable. It’s not okay for me or the many others who have been or will be sexually assaulted in the future. It is not justice, plain and simple.

That’s why I’m asking you to help me, my attorney, Kris Hilscher, and Sen. Jeff Jackson hold rapists accountable.

Please sign this petition in support of a legislative bill in North Carolina that will reverse this horrible law and will lead to a new one that says ‘no’ actually means ‘no’ at every single point.

Unfortunately, I won’t benefit from this bill. But other women could, and you can help them get the protection they need by changing this law.

North Carolina cannot wait any longer.

avatar of the starter
Amy GuyPetition StarterYounce &amp; Vtipil, P.A. 3701 Lake Boone Trail, #300 Raleigh NC 27607 (919)-661-9000 <a href="https://www.attorneync.com" rel="nofollow">https://www.attorneync.com</a>

The Decision Makers

NC Senator Jeff Jackson
NC State Senator
Responded
Hi Amy and all of you, her supporters -- This really should be a no-brainer. If a woman says stop and the man doesn't stop, that's rape. Except in North Carolina. Back when I was a criminal prosecutor, I learned that, because of an old court case from the 1970's, women cannot revoke consent for sex once sex has begun. When I got to the state legislature, I put closing that loophole on my To Do list. I thought it would be easy. And yet, next year I'll file my bill for the third time. The last two times, the bill didn't even get a hearing in committee. I have yet to hear any opposition to the bill, but someone, somewhere, must have a problem with it. What they must not understand is that this isn't just a theoretical problem. Prosecutors have been forced to dismiss rape cases in several counties because of this old court case. Juries have used this law to acquit. Police have refrained from filing rape charges because of it. In the final days of session, this issue suddenly received national media attention. I assure you, it has made a major difference. Members of the majority party are talking to me about their support for this bill and their interest in getting it passed. I remain optimistic. Thank you for caring about this. Next time we talk, I look forward to reporting to you that the bill has passed.

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