- Ages of consent in the United States - Wikipedia
- North Carolina Statutory Rape Laws
- What Is the Age of Consent in North Carolina?
In North Carolina, there is a Romeo and Juliet exemption for consensual sex between a minor of any age and someone who is at least 12 years old and no more than four years older than the minor.
Ages of consent in the United States - Wikipedia
For example, a year-old who has consensual sex with a year-old cannot be criminally prosecuted in North Carolina. Statutory rape charges typically become more serious the younger the victim and the older the defendant. For instance, vaginal intercourse with a child younger than 13 and an adult who is 18 or older is always a felony, and a conviction can result in at least 25 years' imprisonment.
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it. But even if this is true, a defendant cannot rely on a mistake of age —even a reasonable one—to avoid conviction in North Carolina.
As in most states, mistake of age is not a defense in North Carolina. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. Laws can change over time, and numerous defenses may apply to statutory rape charges. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours.
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North Carolina Statutory Rape Laws
Statutes governing North Carolina's age of consent, associated criminal charges, available defenses, and penalties for conviction. Statutory rape of a person 15 years old or younger involves vaginal intercourse between: Statutory sexual offense with a person who is 15 years old or younger includes oral or anal intercourse or penetration with an object or body part other than the penis, between: Teachers and Students In North Carolina, it is also a crime to engage in vaginal intercourse, oral or anal sex, or penetration with an object or body part other than the penis, with a student if the defendant is a: Sex Offender Registration State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including certain instances of statutory rape must register as sex offenders.
North Carolina also has a liberal "close-in-age" provision.
This provision allows for anyone who is above 16 to have sexual relations with another individual who is no more than 4 years younger than they are. Thus, a 14 year old and a 17 year old can consent to have sexual activity without fear of prosecution.
What Is the Age of Consent in North Carolina?
As written, the law only to applies to "vaginal intercourse," and therefore presumably only to heterosexual sexual acts. However, differentiating between homosexual and heterosexual conduct is decidedly unconstitutional. Thus, it can be assumed that the same rules apply to same-sex couples as they do to opposite sex couples.
This is particularly the case in a state with such broad close-in-age provisions. Having sex with a minor in violation of age of consent laws is considered a strict liability offense, so it does not matter if someone had a good-faith, mistaken belief , or even if they were lied to.
Example, two people aged 30 and Statutory Sex Offense charges using age of both parties. Yes, please refer to the chart below, which can be used to determine which charges may be applicable by using the two ages of the parties. NC Stat Rape Chart