Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur. North Carolina has a marital exemption for some statutory rape crimes. The exemption allows consensual sex between a married minor and that minor's adult spouse, even though their ages would prohibit it if they were not married.
Minors are legally incapable of giving consent to having sex; so for example, if Jen, who is 15 years old, willingly has sex with Tony, her year-old boyfriend, Tony can be charged with statutory rape, since Jen is not legally capable of giving consent in the first place. But if Jen and Tony are married and living in North Carolina, Tony need not fear criminal charges for having consensual sex with Jen.
This is because North Carolina has a marital exemption to the state's statutory rape laws. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.
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. 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 evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to your case. 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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In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 The reason statutory rape is a crime is because California law does not give minors the legal authority to consent to sex.
Lawmakers consider minors to be unable to understand the importance of the decision to have sex, so the law takes the decision out of their hands until they turn 18 years of age. Under California Penal Code Section Notice the law says that it is illegal for any person to do this. This includes cases where the persons involved in the sexual intercourse are both under the age of 18 and cases involving one minor and one adult. However, when both parties are under the age of 18, it is uncommon for either of them to face statutory rape charges.
The reason is that it is difficult to determine which of the two willing parties is to be considered the victim and which is the perpetrator.
In reality, the law says that they are both criminals and victims, so prosecutors will likely decline to charge either person with the crime. Instead, the two minors may be asked to visit their local probation department to discuss the dangers of sex before adulthood.
However, if you are 18 and you have sex with your girlfriend or boyfriend who is younger than you, you are likely to be charged with statutory rape. This crime is a wobbler offense, meaning you could be charged with a misdemeanor or a felony depending on the facts of the case.
The penalties for statutory rape vary depending upon the age difference between you and the alleged victim. An year-old who has sex with his or her year-old boyfriend or girlfriend will likely face misdemeanor charges.
If you are not over the age of 21 and the alleged victim is 16 or older, you could be charged with a felony. In addition to the above, statutory rape convictions carry civil penalties. I'm related to someone who has been accused of a special assault. I'm a defense attorney. I'm a family lawyer.
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