On the evening of May 16, 1977, Beverly Hester was assaulted. She said that Way told her her “head would be through the wall” before her friend could get to her. The Supreme Court ruled that “if 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.” Because of the 38-year-old ruling, women in North Carolina who allegedly agree to sex but change their minds or say “no” during intercourse aren’t protected by laws against rape. Jeff Jackson of Mecklenburg County thinks that’s absurd. where no doesn’t mean no.” And Hester’s case in 1977 is far from the only example.
But the North Carolina Supreme Court declared that under the law, it wasn’t rape if Hester told the man to stop after – not before – sex began. “Legislators are hearing more and more about women who have been raped and are being denied justice because of this crazy loophole,” Jackson told The Fayetteville Observer. Women across North Carolina have been left with little recourse after rape or assault, including Aaliyah Palmer, 19, who allegedly agreed to sex with a man at a party, but changed her mind when he turned violent.
Anyone who was on parole or probation or incarcerated for a sex offense on January 21, 1996, must register as a sex offender with the New York State Division of Criminal Justice Services ("DCJS").
In addition, offenders convicted of a sex offense on or after that date, or sentenced to probation, local jail, or state prison after that date, must register upon returning to the community.
She said she took off her clothes because she was scared of him. Way was convicted of second-degree rape, because the judge told the jury that a woman could revoke her consent. Way’s rape conviction was thrown out, and he was given a new trial.