North Carolina lawmakers close sexual assault loophole dating back four decades.
Jackson had tried unsuccessfully for the past four years to get his own bill regarding the revoking of consent to advance in the Senate. But getting the"right to revoke" language, which is not gender specific, tacked onto SB 199 this legislative session proved to be the best course.
"This is the most common sense piece of legislation we'll ever pass," Jackson, a former prosecutor, said, adding,"Every year victims would call us, share their stories and ask why this loophole still existed."that set precedence in determining that"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.
North Carolina has found itself behind the curve with regard to criminalizing certain types of sexual assault — in 1993, it became one of the last states to make marital rape illegal. SB 199 also incorporates language from a separate House bill, co-sponsored by Rep. Chaz Beasley, a Democrat in Mecklenburg County, that makes it illegal to tamper with someone's drink, regardless of whether or not they were sexually assaulted. In addition, it makes it illegal to have sex with a person who is incapacitated, even if it's due to that person's own behavior.
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