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Woman fighting N.C. law that says woman can't revoke consent after sex begins

Jonathan Wayne Guy, 48, was initially charged with second-degree rape in the case, but because the North Carolina Supreme Court ruled in a 1979 case that women cannot revoke consent after sex begins, the charges were lowered to misdemeanor assault on a female (Photo: CNN Newsource)

RALEIGH, N.C. (CNN Newsource) -- Under North Carolina law, "no" doesn't always mean "no."

One woman is trying to change the state law that says women cannot legally revoke consent during sex, even if the encounter turns violent.

Amy Guy said her estranged husband showed up drunk at her apartment in December and demanded sex.

"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 said to WRAL.

But, she said it turned violent.

"I began crying and I asked him to please stop," she said.

Jonathan Guy was initially charged with second-degree rape int he case, but due to a 1979 state Supreme Court case that says women cannot revoke consent after sex begins, the charges were lowered to assault on a female.

"Everyone understands the law to say no means no, but the reality is no doesn't mean no if you don't say it initially," said Kristopher Hilscher, Amy's attorney. "If you don't say no right at the outset, you can't say no later. We fully believe Amy was raped, but the law didn't help her."

The district's prosecutor believes the law needs to be changed.

"We firmly believe that people should have the right to revoke their consent," said Lorrin Freeman. "At that at anytime someone decides that they no longer want to be involved in a sexual act, that they have the right to withdraw that consent and the right to revoke that consent."

Democratic Senator, Jeff Jackson sponsored a bill to try and give women this legal right.

"We're the only state in the country where no doesn't mean no," he said. "If a woman says stop, the man doesn't have to stop under the law. He's not guilty of rape."

Amy's husband is now serving a 10-month jail sentence after he pleaded guilty to misdemeanor assault charges in March.

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