After consensual penetration, she can't claim rape

[Danno 1,228]

Prosecutor drops rape charges vs. athlete

Student has been reinstated at Butler and is eligible to return to the football team.

Mecklenburg prosecutors dropped sexual battery and rape charges against a former Butler football player Tuesday after concluding that his contact with the alleged victim began consensually.

Osvaldo Sombo was charged with two counts of rape and one count of sexual battery on Aug. 11. But in court papers filed Tuesday, prosecutors said they were dropping the charges because of insufficient evidence.

The dismissal documents said the young woman and Sombo were dating at the time of the incident. The papers said intercourse began consensually, but she then told him to stop.

According to the dismissal document, a 1979 N.C. Supreme Court ruling called State v. Way says that if intercourse begins consensually, "no rape has occurred though the victim later withdraws consent during the same act of intercourse."

The young woman involved in the case told the Observer in a phone interview that she never consented to have sex and, once it started, told Sombo repeatedly to stop.

"He wouldn't listen and he didn't stop," she said, speaking on condition of anonymity.

She said she suffered physical injuries and has been going to counseling. She said she wants to stay at Butler but worries about the threats she's received by phone and online from social media websites.

The young woman's father said he plans to contact legislators in hopes of preventing a repeat of what happened to his daughter.

CMS officials didn't offer any immediate comment.

Sombo's arrest triggered a change in Charlotte-Mecklenburg Schools policy on notifying schools about students who've been arrested. The courts notified the school system of his arrest by letter four days after the charges had been filed.

The letter went to CMS's offices, and word didn't get relayed to Butler until Aug. 23. Sombo played in a Butler football game on Aug. 20. CMS requires students charged with violent criminal offenses to be transferred to Bank Street Alternative High School as soon as the school is notified.

Superintendent Peter Gorman has said a CMS employee will now go to the courthouse each day to check for reports of arrested students.

Sombo, who was freed on $100,000 bond, was removed from Butler and transferred to Bank Street Alternative.

CMS Communications Director LaTarzja Henry said Sombo has been reinstated to Butler and is eligible to rejoin the football team.

Read more: http://www.charlotteobserver.com/2010/09/22/1708906/charges-dropped-against-butler.html#ixzz10GfOFwbD

[Saddle Bronc 124]

What is the age of the "victim" in this case? Not trivial--if she is below "leagal consent age" (as defined by state law), Sombo could easily be found guilty of statutory-rape (a misdemeanour).

[Danno 1,228]

What is the age of the "victim" in this case? Not trivial--if she is below "leagal consent age" (as defined by state law), Sombo could easily be found guilty of statutory-rape (a misdemeanour).

I'm guessing they are both HS students.

What I found additionally interesting is the School Superintendent will now post someone at the courthouse every morning to see what Student might have been freshly charged.

I THink they call this "The decline and fall of civilization".

[Gary and Alla 3,694]

Why does Danno spend so much time searching sites for stories about sex? Strange.

Kind of like Amby, but lots less fun.

[evli1966 88]

Wow

I am floored by this verdict.

In essence they are saying Man or Woman cannot say no at anytime.

It is my understanding that if a person starts to say no at anytime the sexual contact must cease.

Could someone please educateme on this.

What do we tell our daughters now?

"Well lil Girl once you start you can not stop"

[trillium13 84]

I'm curious as to what evidence there was that it was consensual in the first place, since she says it was not at any time.

[Danno 1,228]

Why does Danno spend so much time searching sites for stories about sex? Strange.

Kind of like Amby, but lots less fun.

Didn't have to search, as was stated at the top, it is a local story.

[FaithfulandTrue 6]

Wow

I am floored by this verdict.

In essence they are saying Man or Woman cannot say no at anytime.

It is my understanding that if a person starts to say no at anytime the sexual contact must cease.

Could someone please educateme on this.

What do we tell our daughters now?

"Well lil Girl once you start you can not stop"

I'm with you on that.. no means no, period