To: The North Carolina State House, The North Carolina State Senate, and Governor Roy Cooper
Reduce Sexual Assault in North Carolina: Implement "Yes Means Yes" Law
This petition is to request that the state of North Carolina implement legislature stating that Affirmative Consent is legally required in all situations of sexual intercourse, sexual acts, and sexual contact.
The policy shall include all of the following:
(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never be assumed to be an indicator of consent.
(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:
(A) The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused.
(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.
(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.
(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:
(A) The complainant was asleep or unconscious.
(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.
(C) The complainant was unable to communicate due to a mental or physical condition.
Why is this important?
I’m starting this petition because after being sexually assaulted in Asheville, NC I became aware of the state’s negligence on the subject. Most women in Asheville, NC acknowledge that local rapes occur every weekend, and of the many female residents that I’ve met, every one of them has either experienced sexual assault, or can name a loved one who has. Due to current NC law, women in situations like mine are usually unable to prosecute their assailants. I am currently prosecuting for Sexual Battery, which is a misdemeanor, because I’m unable to prosecute for Rape or Sexual Assault, which are felonies. Below are statistics about sexual assault in NC, I will soon add a list of current laws.
Statistics:
According to the NC Department of Health and Human Services, in North Carolina 1 in 5 women have been sexually assaulted at some point in their lives.
Over 20,000 North Carolinians were affected by sexual violence last year. (Oct 2006 NC Council for Women)
In 2003-2004 the local county programs served 7,265 clients. The 2004-2005 total number of clients served represents a 16% increase in the total clients served.
Women compromised 87% of the total number of clients served while men accounted for 13%.
A majority of clients were assaulted by either an acquaintance or relative while 15% of the clients served did not give this information to the local county program.
In 2004-2005, 31% of the offenders were a relative of the victim while 35% were an acquaintance.
False accusations of sexual assault are estimated to occur at the low rate of 2 percent—similar to the rate of false accusations for other violent crimes. (First Response to Victims of Crime: A Handbook for Law Enforcement Officers on How to Approach and Help. ((2000) Office for Victims of Crime p.8-9)
Rape, childhood sexual abuse, and domestic violence are among the most common causes of Posttraumatic Stress Disorder (PTSD) in women. The chances that a woman will develop PTSD after being raped are between 50% and 95%. Sexual assault is also closely associated with depression and anxiety disorder. (Population Information Program. (2000) Population Reports: Ending Violence Against Women. Center for Communication Programs, The John Hopkins School of Public Health and Center for Health and Gender Equality)
In 2004-2005 Madison county had 34 sexual assaults.
(Above Information provided by the North Carolina Council for Women/Domestic Violence Commission-2006)
75% of date and acquaintance rapes involve alcohol or drug use by the assailant.