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In 1979, the NC Supreme Court ruled a person can't be charged with rape if the partner initially consented to sex, but revoke consent after sexual intercourse begins. In State Vs. Way, the court determined '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.'
“It’s really stupid,” Palmer said of the law. “If I tell you no and you kept going, that’s rape.
I think A woman or man may withdraw consent during sex because the sex has become too rough or uncomfortable for their liking. So I can see the "no means no" argument.
This said, A false accusation of rape can certainly be damaging socially, and I think it's probably somewhat more likely for unstable, vindictive women to lie.
The truth is that in countries with the presumption of innocence, "her word against his" accomplishes basically nothing in court. Rape case is very hard to prove.
"Hey, come into my house and have a cookie. Holy sh*&! Why are you trying to stab my dog and crapping in sink, you maniac?! GTFO of my house now!"
"Uhhh... you invited me in, so you can't kick me out until I'm done doing what I came here to do."
"Oh... carry on then."
The law here is to prevent an individual from changing their mind on consent during sex. If he or she says no midway and the other person respects that, it's not rape. But if they continue after "no" was given, then yes it is rape.
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