North Carolina Sexual Assault Laws

Sexual assault is any offense where the defendant subjects their victim to unwanted and offensive sexual acts. These crimes can include any type of sex act, from offensive sexual contact to rape. They are some of the most serious crimes in North Carolina and carry long prison sentences and mandatory registration as a sex offender.

This article examines North Carolina’s sexual assault laws, discussing each crime in detail and describing the penalties and defenses to these sex crimes. If you’re facing rape charges for any of these forcible sexual offenses, you should consult an experienced criminal defense attorney.

What Are the Sexual Assault Laws in North Carolina?

North Carolina sexual assault laws and crime classifications are identical to the state's rape laws, with one key difference. North Carolina still defines rape as involving vaginal penetration, while forced anal penetration is charged as a sexual offense. For either charge, a conviction can result in anywhere between 44 months to life in prison.

Sexual assault and rape may involve any of the following types of sexual activity:

• Sexual intercourse (vaginal intercourse or anal intercourse)
• Cunnilingus and fellatio
• Unwanted sexual contact
• Fondling and groping
• Penetration with a digit or foreign object

Different Degrees of Rape

In North Carolina, there are different types of rape charges. These include:

First-Degree Rape: A person will face criminal charges if they force their victim to have non-consensual sex and any of the following conditions are present:

• The defendant uses a deadly weapon before or during the sexual violence
• The offender inflicts serious personal injury on the victim
• At least one or more people aid or assist the defendant in their sexual abuse of the victim

Second-Degree Forcible Rape: A criminal defendant is guilty of this statutory sexual offense when they force a victim to have non-consensual sex and the victim is incapable of giving consent because of a mental disability, incapacitation, or physical helplessness.

Statutory Rape: North Carolina also has laws against statutory rape of a child and first-degree statutory rape. A person is guilty of this offense if they engage in sexual intercourse with a child under 13 years of age. This crime qualifies as a Class B1 felony, which carries a prison sentence of 144 months to life.

North Carolina Sexual Assault Laws: Summary

It's important to understand any charges you might find yourself facing. The chart below outlines the basic provisions and classifications of North Carolina's sexual assault laws. More information is available at FindLaw's North Carolina Criminal Laws section.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a criminal law attorney or conduct legal research to verify your state laws.

North Carolina Sexual Assault Laws: Related Resources

• Sexual Assault Defenses
• Sexual Assault Penalties and Sentencing
• Rape
• North Carolina Law
• Official State Codes

Need Legal Help With Your Sexual Assault Case in North Carolina? Talk to an Attorney

If you're charged with sexual assault in North Carolina, you'll face severe consequences that may include incarceration and irreparable damage to your reputation. Charges of sexual battery or rape are extremely serious. Consider reaching out to an experienced criminal defense attorney for legal advice.

Any sex crime, be it a misdemeanor or a felony, carries severe penalties. North Carolina takes sex offenses seriously. Not only will you face a prison sentence, but you’ll likely have to register as a sex offender. This will impact your personal and professional lives.

The state will have law enforcement on its side. You need someone in your corner as well. A North Carolina criminal defense lawyer will help devise a strong defense strategy and work hard to gain an acquittal or a fair plea bargain.