Homework Help

Can a party involved in sexual intercourse suddenly withdraw consent?

user profile pic

my1andonly | Student, College Freshman | eNotes Newbie

Posted March 2, 2011 at 2:46 AM via web

dislike 1 like

Can a party involved in sexual intercourse suddenly withdraw consent?

1 Answer | Add Yours

user profile pic

pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted March 2, 2011 at 3:03 AM (Answer #1)

dislike 0 like

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.

Join to answer this question

Join a community of thousands of dedicated teachers and students.

Join eNotes