This is Wrong.

From the police report:

"... she withdrew consent because of the pain she was suffering and that the defendant paid no heed but continued to hurt her.  
Therefore, applying State v. Way to the facts of the case, a rape has not been legally committed."


According to the laws of North Carolina, (State v. Way)

"  if initial penetration occurs with the victim’s consent, no rape has occurred though the victim later withdraws consent "

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