Wednesday, March 28, 2012

Can a party involved in sexual intercourse suddenly withdraw consent?

The answer to this varies by state, but there are courts
in the United States that have ruled that a person who is engaged in a sexual encounter
with another person must stop if the second person withdraws consent.  If the one
partner withdraws consent and the other does not stop, these cases have held, the
partner who does not stop may be charged with rape.


The
links below refer to a case in Maryland and one in California.  In both cases, the
courts found that a person may withdraw consent and the partner must then stop. 
However, North Carolina law, for instance, has held just the opposite -- that a person
who has consented to start a sexual encounter cannot withdraw
consent.


http://www.charlotteobserver.com/2010/09/22/1708906/charges-dropped-against-butler.html


So,
the law varies from place to place on this issue.

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