She was unable to legally revoke the consent once the sexual intercourse had begun, courtesy Carolina rape law.
"North Carolina is the only state in the country where no doesn't really mean no", state Sen. Jeff Jackson (D-Mecklenburg) told The Fayetteville Observer this week. The bill makes no mention of other forms of intercourse or people who do not have vaginas. The continuation becomes criminal even though there has only been one act of intercourse.
State v. Way (297 N.C. 293) states that if [intercourse begins] with the victim's consent, no rape has occurred though the victim later withdraws consent during the same act of intercourse.
"Legislators are hearing more and more about women who have been raped and are being denied justice because of this insane loophole", Jackson said.
More than 5 million women lived in North Carolina as of July 2016, but they might not have realized this rule was on the books.
After the incident Palmer says she fell into depression and battled with anxiety, which led to her dropping out of college and losing a scholarship. "If sex turns violent, the woman has no right to tell the man he must stop".
Guy's second-degree rape charge was eventually reduced to a misdemeanor assault because of the Supreme Court ruling from the 1970s, reported WRAL.com.
Hilschler adds, "To me, it's obvious the law needs to change". Like Guy, she says she had initially consented to have sex with a man but withdrew her consent when he turned violent.More news: Family of London attacker are 'devastated'
Around 11:45 p.m. on January 21, Palmer went to a party in an apartment complex off Yadkin Road near Fort Bragg.
"Realistically, it's because it's sort of something that should be common sense: that you consent until you don't consent", she said.
"They're very surprised when I tell them".
Four soldiers who had been present at the party and who filmed Palmer's sexual assault were charged with "peeping Tom" counts.
A recent case, in which a man who forced sex upon his estranged wife, demonstrates the damage the loophole can do.
"Since he was getting angry, I figured it would be better to go ahead and agree to the sex because I figured that was the safer thing for me to do", Guy told the station. She says he did not. As The Fayetteville Observer noted, the bill will most likely sit for the rest of the two-year legislative session, given the current General Assembly session is almost over. But he told WRAL that he's undaunted and will continue to push similar bills "until the law is changed".
"No one can seriously defend this loophole", Jackson said in his statement. "It's about doing what's obviously right".
You hear the phrase "no means no" thrown around when it comes to a woman's ability to protect herself from unwanted sexual advances, but in the state of North Carolina - no doesn't always mean no.
The law specifically mentions the withdrawal of consent for vaginal intercourse. 553, said he hasn't met "a single person" who thinks the archaic rape law is appropriate.