North Carolina Changes the Law for Consent. Law clears up issue and says that women can revoke consent during sex.
Senate Bill 199
On November 6, 2019 Governor Roy Cooper signed Senate Bill 191 which undoes a 1979 court decision that made North Carolina the only state where a women can't revoke consent during sex. The law went into effect on December 1, 2019.
Governor Cooper Said, “For too long, North Carolina has not protected sexual abuse victims the same ways other states have, and this law closes that consent loophole. This bipartisan legislation goes a long way to protect all victims of sexual assault, especially children, and will help more people seek justice against abusers.”
State v. Way (1979)
In its 1979 decision in State v. Way, the North Carolina Supreme Court took the position that if a woman consents to sexual intercourse and in the middle of the act changes her mind, the defendant is not guilty of rape for continuing to engage in sexual intercourse with her.
The bill creates a new definition for "against the will of the other person" to allow persons to revoke consent in a manner that would cause a reasonable person to believe consent is revoked during intercourse or a sex act.
NC Criminal Law Change
North Carolina finally joins the rest of the country in making it clear that an individual can revoke consent during sex. This is a very positive step and does a good job to modernize criminal law in North Carolina.
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