Too late, honey, you said yes
In North Carolina, women can’t legally withdraw their consent in the middle of sex, even if things get violent—and attempts to change that reality at the Legislature aren’t going well.
According to a 1979 state Supreme Court ruling, State v. Way, a man isn’t guilty of rape if he continues to have intercourse with a woman who asks him to stop, so long as she agreed to the encounter at the outset.
Hmm. So once she says yes he can discard the mask of a decent human being and treat her like a prop or a slave or a captured enemy or whatever other abusive fantasy turns him on? No matter how psychotic he may turn out to be, her “yes” is permanent and binding? Because…what, when you get right down to it she’s just a thing?
North Carolina is the only state with such a law on the books, and efforts to change it have been unsuccessful, even as women have spoken out about how the law has harmed them. On Thursday, the Fayetteville Observer highlighted the story of Aaliyah Palmer, a 19-year-old who says she initially consented when a man pulled her into a bathroom to have sex at a party, but asked him to stop five minutes later after he allegedly started yanking out her hair. “You’re hurting me,” she said. But he kept going, she says, despite multiple demands that he stop, while others at the party allegedly slipped a cellphone under the door to tape the incident.
The tape corroborates her account but the guy hasn’t been charged; she has dropped out of college because of panic attacks. Heads he wins tails she loses.
Democratic state Sen. Jeff Jackson has recently sponsored a bill to change the law, after hearing from women who were affected. SB 553 would make it illegal to have sex with someone who initially agreed but then changed her mind, but the bill is currently stuck in committee and will likely be dead for the rest of the session, Jackson told the Fayetteville Observer. “North Carolina is the only state…where no doesn’t mean no,” he said. “There’s no reason for this to be partisan.”
Meanwhile Bill Cosby is going to lecture on how to avoid being accused of sexual assault.
The Republicans there are too busy stripping the newly-elected Democratic governor of all hours powers to bother with trifles like women’s rights or consent or even the general welfare. In fact, they’re pretty much inimical to those things.
Women need to initiate collective action and go on a sex strike: no sex with men until this law is changed. I bet it will change pretty fast.
Maybe we can get an anti-gerrymandering ruling out of SCOTUS so that N.Carolina actually has representative government…
Just out of interest, does this law also apply to man-on-man or woman-on-woman (or even woman-on-man) sex, or don’t such perversions exist in good old North Carolina?