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Mon Mar 12, 2018, 10:57 AM

Men Legally Allowed to Finish Sex Even If Woman Revokes Consent, NC Law States

Trump is filling the courts leaving the way open for more decisions like this.

One May evening in 1977, Beverly Hester was sexually assaulted. According to the summary included in the North Carolina Supreme Court decision State v. Way, she testified that the perpetrator, Donnie Way, threatened to beat her if she didn't have sex with him while hanging out at a friend's apartment. When she tried to leave the bedroom, he allegedly slapped her in the face.

Hester went on to tell the court that Way penetrated her anally and forced her to perform oral sex on him. She said he began having intercourse with heróthough she begged him not to because she was a virginóbut stopped when she complained of severe stomach pains. Later, at the hospital, she told her mother she was raped.

Despite her testimony, the jury appeared to be swayed by the defense's argument that Hester initially agreed to have sex with Way. During deliberations, they returned to ask the judge "whether consent can be withdrawn." The judge noted that it could, especially in cases where intercourse has turned violent and thus "no longer consensual." Way was convicted of second degree rape.

The state Supreme Court, however, disagreed with the lower court's interpretation of withdrawn consent. "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," the High Court wrote.


https://broadly.vice.com/en_us/article/43y99g/men-legally-allowed-to-finish-sex-even-if-woman-revokes-consent-nc-law-states?utm_campaign=sharebutton

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Reply Men Legally Allowed to Finish Sex Even If Woman Revokes Consent, NC Law States (Original post)
ismnotwasm Mar 2018 OP
MineralMan Mar 2018 #1
ismnotwasm Mar 2018 #2
MineralMan Mar 2018 #3
IluvPitties Mar 2018 #4
rainin Mar 2018 #6
mythology Mar 2018 #21
smirkymonkey Mar 2018 #5
Wwcd Mar 2018 #7
ismnotwasm Mar 2018 #8
karynnj Mar 2018 #9
shenmue Mar 2018 #10
samnsara Mar 2018 #11
Barn Owl Mar 2018 #12
ismnotwasm Mar 2018 #15
Barn Owl Mar 2018 #18
Lee-Lee Mar 2018 #13
ismnotwasm Mar 2018 #14
Barn Owl Mar 2018 #16
ismnotwasm Mar 2018 #17
Barn Owl Mar 2018 #19
SummerSnow Mar 2018 #20
malthaussen Mar 2018 #22

Response to ismnotwasm (Original post)

Mon Mar 12, 2018, 11:00 AM

1. That's patent bullshit!

Withdrawn consent is no longer consent. If that happens, as it has for me a couple of times in my life, you stop doing what you were doing. No question.

For pete's sake!

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Response to MineralMan (Reply #1)

Mon Mar 12, 2018, 11:02 AM

2. It is horrific, is what it is.

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Response to ismnotwasm (Reply #2)

Mon Mar 12, 2018, 11:03 AM

3. I agree completely.

Frankly, I can't even imagine ever being that guy.

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Response to ismnotwasm (Original post)

Mon Mar 12, 2018, 11:10 AM

4. This should be very easy to figure out.

When people are in the mood, it is actually quite obvious. If his/her expression is not of sheer happiness and there is no enthusiastic reaction to what is happening, or simply there is an attempt, of any kind, to step back, you need to step back and figure out the situation.

I remember when I was an inexperienced teen, I was making out with a German girl I had met, and I was ready for whatever. We were in her room, so I sat in the bed,looking at her hoping she was going to jump in. Needless to say, she just stared at me like WTF are you doing, but she didn't say a word, and that was enough for me to ask her what she wanted to do. She said hang out. So, that's what we did and that was the end of it.

If I as a teen knew what to do, how come some of these adult guys don't?

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Response to IluvPitties (Reply #4)

Mon Mar 12, 2018, 11:24 AM

6. They absolutely know just like you knew.

They take what they want because they are superior in power, either physically, economically, or emotionally. They know they are taking something that is not willingly given. And they know that's called rape.

The difference between you and rapists is you want her to want it too. They don't care.

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Response to IluvPitties (Reply #4)

Mon Mar 12, 2018, 01:50 PM

21. I actually find it difficult to read due to being oblivious

 

Usually the woman needs to hit me upside the head before I put it together. Granted that puts me in the position of her needing to be very very interested. But I also always ask for clarification because I know I'm oblivious.

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Response to ismnotwasm (Original post)

Mon Mar 12, 2018, 11:14 AM

5. Disgusting!

What is happening to this country?

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Response to ismnotwasm (Original post)

Mon Mar 12, 2018, 11:28 AM

7. Legalizing rape

 

Wtf is wrong with people in States that keep electing yhis mentality.

And there are many like NC. Its hardly the only one.

Makes you realize how far we've gone backwards since Trump alone

We have so much work to do.

Any candidate or advocate making the claim that Rape is ever right or giving it a legitimate reason should be banned from ever holding office in the name of making laws governing all of humanity.

MAGA is simply code for patriarchy rule.

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Response to Wwcd (Reply #7)

Mon Mar 12, 2018, 11:35 AM

8. Pretty much

Maga takes the very worst of what it means to be American, and amplifies it, legitimizes it and then coddles the result

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Response to ismnotwasm (Original post)

Mon Mar 12, 2018, 11:35 AM

9. Not to mention, is it consent if she was threatened with a beating? What if he had a gun and the

threat was he would kill her? How could EITHER judge not have questioned that?

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Response to ismnotwasm (Original post)

Mon Mar 12, 2018, 11:44 AM

10. Terrible

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Response to ismnotwasm (Original post)

Mon Mar 12, 2018, 12:07 PM

11. criminal trespass? breaking and entry? there could be some very creative charges against this SOB

...including posting his name and face all over social media?

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Response to ismnotwasm (Original post)

Mon Mar 12, 2018, 12:07 PM

12. I learned a lesson

 

20 years ago and have stuck to it ever since.

I was in my late 20's and a Pathfinder Team leader in Korea, we were infantry attached to an aviation brigade. So our unit was male only and the rest of the brigade was mixed.

We were the bad boys! We jumped out of fixed wing and rotary aircraft, climbed and repelled of m mountains, carried under rotary winged aircraft on nothing but a rope that we were attached to so the aircraft could extract the team, called SPIES older vets remember it in a different configuration as STABO.

We did not have a problem with the female GI's wanting to hang out with us and have....fun! I must say we had a lot of...fun!

One girl, very good looking and we both hit it off from the start and were on very good platonic terms. She did several people in the unit and even in my own team, did not care!!

We hit Iteawon for a Pathfinder platoon party after we and all units came out of the field after a major exercise called Fold Eagle, Team Spirit was not done that year!

This girl came along and we all went downtown and had a one hell of a night! About 3 a.m. I was tired and going home and because the rates on post that it happened at that time this girl said may I walk back with you no problem bud come on!

By the time we got back through the gates at young song neither were tired and we decide to go back to my room and play video games and watch TV!

We did this and we progressed on a pace that look like we're going to have sex. We made it to probably second base and she said no we need to stop so we stopped. She cuddled up next to me for the rest of the night and then she got up like 6 in the morning and I got to go back to my Barracks what she did.

5 hours later my platoon Sergeant is coming into my room and saying hey bud what happened last night? Told him we went downtown all have fun then I went back to the barracks. He said okay what happened between there and who can verify that? So I'm thinking everybody got into trouble! I was like hey this girls with me and we were here! Then he comes out with she said that you raped her and the rest of the platoon pulled a train on her! I jumped up out of the bed is like oh hell f****** know that did not happen.

Long story short! She wanted out of the army and said we raped her which nothing ever happened the company Commander God bless him!!! Grabbed her by the throat and Drug her to 121 General Hospital for a rape test!

It came out that she had not had sex in the least 72 hours! If I would have had sex with that girl that night I would have been flocked. The sergeant major already locked me down to barracks until it was decided what the hell happened! Once erything came out that she lied then I was released and she was charged under UCMJ!

Moral to this story is I do not trust women unless I know them!! Turned down a lot over the years because I have no faith in women.

If I am going to enter into a sexual relationship I have to know the person and in my heart know she is not batshit crazy!! After that experience I keep all women at arms length for selfpreservation until I know them!!

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Response to Barn Owl (Reply #12)

Mon Mar 12, 2018, 12:14 PM

15. Im certainly glad that worked out for you

My heart hurts, however, for the women who is being raped, or is about to be raped somewhere in the world as I type this!

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Response to ismnotwasm (Reply #15)

Mon Mar 12, 2018, 12:56 PM

18. I feel the same way!!

 

The disservice women do as in my case using the charge of rape as a weapon robs other women because of false accusations for personal benefit!

My way of solving this is if it is proven anyone made the false charge of rape then that person if proven made it up must receive the same penalty as who they accused falsely! Life in prison in my state for first degree criminal sexual assault, no parole, sound good!?

If not for a good and honest Company Commander who wanted the truth on who he needed to put in prison I would have been toast!!

She got the full brunt of UCMJ and paid the price! That also needs to happen in the civilian world!!

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Response to ismnotwasm (Original post)

Mon Mar 12, 2018, 12:08 PM

13. Article leaves out some pretty important details about NC law

 

Yes, a withdrawal of consent after consent was given is not a rape, as defined in the NC statute.

However, that doesnít mean a person canít withdraw consent.

NC has a statute called ďForcible Sexuall OffenseĒ that can be first or second degree just like rape charges here are. Continuing a sexual acts after consent is withdrawn can be charged as that. And is, if the prosecution does their job right. The penalties are the same for both charges.

Itís a bit more complicated than just that with variations for the kind of sexual contact, where vaginal intercourse is the only kind that is considered rape to begin with and the rest are forcible sexual contact from the beginning of there is no consent.

There is also a sexual battery charge that can come into play.

But to say that a woman canít withdraw consent and a person canít be charged if they continue sexual contact after consent is withdrawal is not accurate. The charge wonít be worded the same, but the penalties are just as severe.

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Response to Lee-Lee (Reply #13)

Mon Mar 12, 2018, 12:09 PM

14. Its still a legal loophole

Itís hard enough to prove and prosecute rape.

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Response to Lee-Lee (Reply #13)

Mon Mar 12, 2018, 12:33 PM

16. A women can revoke at anytime!!

 

Please re-read my post! This is why I adopted the standards I have.

My situation played out in my favor, thank God!! It taught me the lesson that I adhere to as the gospel for the last 20 plus years!!

I will never be put into that position again!! I will not have sexual relations with any women until I know she is honest, wishes it and is not crazier than a shit house rat!!

You have to look at the equation from the man's side! We are on the short end of the stick and I just shuve all women away who I may even think may be a problem!

Like I said I will throw the baby out with the bathwater to make sure I have no issues to deal with!!

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Response to Barn Owl (Reply #16)

Mon Mar 12, 2018, 12:36 PM

17. Im glad

But men donít get the short end of the stick when it comes to rape. Except when they are the victim, and then men are overwhelmingly still the rapists.

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Response to ismnotwasm (Reply #17)

Mon Mar 12, 2018, 01:08 PM

19. We do not??

 

My Sergeant Major locked me down to the barracks on just a word of a woman!! My Company Commander grabbed that lying young lady by the throat and orderd her, yes I mean he had to order her to submit to a rape test or go to jail!!

Wow!! I was cleared!! No way I had sex with her!! If not for that good man it would have been she said, he said!!

Please save me your pompous diatribe about how women are always the victim!! I lived through that scenario and know it is on some occasions totally bullshit!!

Edit: appolgiise for saying pompous and dieatribe. I know you have your beliefs and do not wish to insult your opinion!

I just got caught up in this and could have ended up in a Federal prison for something I did not do!! I am very, very touchy on this subject!! If I offended then I trulely am sorry!

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Response to ismnotwasm (Original post)

Mon Mar 12, 2018, 01:15 PM

20. We are doomed. This is bull!!

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Response to ismnotwasm (Original post)

Tue Mar 13, 2018, 12:16 PM

22. This is a villainous ruling.

What bothers me is not so much the ruling itself -- which is, as I say, villainous -- but the foundational concept that extorted "consent" is any kind of "consent" at all. Consider that the original charge -- 2nd degree rape, because for some reason, what the accused did was not considered "real" rape -- is based on the "withdrawal" of a "consent" that was attained by menaces -- and that, apparently, is just fine and dandy. So, I guess if I threaten to burn down your home or business unless you give me money, that's not a crime, eh?

Somebody's legal code needs to get a thorough working-over.

-- Mal

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