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Student reports rape but is told attacker won't be charged because 'no doesn't mean no'

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Under North Carolina legislation women cannot withdraw their consent after sexual intercourse has begun. 

While this has been the case since a ruling in 1979, it has only recently drawn worldwide attention and scrutiny after a woman discovered she could not report her rape.

Aaliyah Palmer, a student at North Carolina State University, met a man on Tinder who she had sex with at a house party.

She says it started consensually, however, when “the sex turned violent” she revoked her consent but the man didn't stop.

Shockingly, when Palmer tried to report this incident she was told it was completely legal despite the fact it was non-consensual.

Speaking to the The Fayetteville Observer, the 19-year-old student said: “If I tell you no and you kept going, that’s rape.”

Palmer explained how the man pulled out chunks of her hair and she later discovered her assault had been partially filmed, and the video shared among a group of men.

There have been charges against the men who watched and disrupted the video, but no charges have been brought against the man who Palmer says raped her.

Democratic state senator Jeff Jackson is trying to get this archaic law changed.

He says: “Legislators are hearing more and more about women who have been raped and are being denied justice because of this crazy loophole. North Carolina is the only state in U.S. where no doesn’t mean no.” 

This legal loophole, which allows someone to continue having sex with a person who asks them to stop, backdates to a case held nearly 40 years ago.

A ruling in the 1979 State V. Way case said: “if the actual penetration is accomplished with the woman's consent, the accused is not guilty of rape".

This ruling, which has never been overturned, means as long as you agreed at the start, no matter how many times you say no it simply doesn't matter and the perpetrator can't be charged with rape.

After experiencing panic attacks following the attack, Palmer has since withdrawn from university.

“It was really heartbreaking for me,” she said. “Everyone just believes that women are lying about rape … I’m going public about this to say, my word should be enough to be believed.”




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