In North Carolina, a person cannot be accused of rape, if the sex has already started - even if she later asks him to stop.

The state is still fighting a 40-year-old case. The Supreme Court says a person cannot be charged with rape if their partner revoked consent during sex.

In 1979, the state’s highest court ruled that "if the actual penetration is accomplished with the woman's consent, the accused is not guilty of rape."

State Senator, Jeff Jackson wants this law to be changed. This year in March he introduced the “Revoke Consent For Intercourse” bill to amend the existing law and make it a crime for anyone who continued to “engage in intercourse after consent is withdrawn.

But the bill has not made it out of the Senate's Rules Committee.

"North Carolina is the only state in U.S. where no doesn't mean no," Jackson told The Fayetteville Observer.

The 1979 case centered on a woman who said that her date threatened to kill her if she did have a sexual intercourse with him.

The Supreme Court then said: "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."

Senator Jackson is a former prosecutor. He first got to know about the loophole when his office was forced to dismiss a rape charge under such circumstances.

The State House does not have any bill of its own regarding the loophole, but Senate’s legislation could be used to pass the both chambers before it would go to governor’s desk to be signed into law.

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