Rape

There are multiple different types of crime which a classified as rape in North Carolina. These crimes include first degree forcible rape, second degree forcible rape, first degree statutory rape, statutory rape by an adult, statutory rape of a person who is 13, 14, or 15 years old by a defendant who is at least six years older than the victim, and statutory rape of a person who is 13, 14, or 15 years old by a defendant who is less than six years older than the victim.

First Degree Forcible Rape

Under North Carolina General Statute 14-27.2 occurs when a person (1) has vaginal intercourse (2) with a person (3) by force and (4) against that person’s will and (5) the defendant uses or displays a dangerous or deadly weapon, inflicts serious personal injury on the victim, inflicts serious personal injury on another person, or is aided and abetted by one or more other persons. First degree forcible rape is a class B1 felony with a maximum punishment under the law of life without parole.

Second Degree Forcible Rape

Under North Carolina General Statute 14-27.3 occurs when a person (1) has vaginal intercourse (2) with a person (3) and the intercourse is by force and against a person’s will or with someone who is mentally disabled, mentally incapacitated, or physically helpless and the defendant knew or should have known that the victim was mentally disabled, mentally incapacitated, or physically helpless. Second degree forcible rape is a class C felony with a maximum punishment under the law of 231 months incarceration.

First Degree Statutory Rape

Under North Carolina General Statute 14-27.2(a)(1) occurs when a person (1) has vaginal intercourse (2) with a child under the age of 13 years (3) who is at least four years younger than the defendant and (4) the defendant is at least 12 years old. First degree statutory rape is a class B1 felony with a maximum punishment under the law of life without parole.

Statutory Rape by an Adult

Under North Carolina General Statute 14-27.2A occurs when a person (1) has vaginal intercourse (2) with a child under the age of 13 years and (3) the defendant is at least 18 years old. Statutory rape by an adult is a class B1 felony with a maximum punishment under the law of life without parole.

Statutory Rape of a Person who is 13, 14, or 15 Years old by a Defendant who is at Least Six Years Older Than the Victim

Under North Carolina General Statute 14-27.7A occurs when a person (1) has vaginal intercourse (2) with a child who is 13, 14, or 15 years old and (3) the defendant is at least six years older than the child. This crime is a class B1 felony with a maximum punishment under the law of life without parole.

Statutory Rape of a Person who is 13, 14, or 15 Years old by a Defendant who is More Than Four But Less Than Six Years Older Than the Victim

Under North Carolina General Statute 14-27.7A(b) occurs when a person (1) has vaginal intercourse (2) with a child who is 13, 14, or 15 years old and (3) the defendant is more than four but less than six years older than the child. This crime is a class C felony with a maximum punishment under the law of 231 months incarceration.