Common Rape Charges in North Carolina
As noted above, rape in North Carolina involves vaginal penetration. It is also classified by two separate degrees of rape which are very similar to the definitions of sexual offense crimes:
- First-degree rape. First-degree rape occurs if a person forces or acts against the will of the victim to engage in vaginal intercourse. The rape must include the use or display of a deadly or dangerous weapon, inflict serious bodily harm, or be committed with the assistance of one or more person. Statutory rape is also considered first-degree rape. It can be charged if the victim was younger than 13 years old and the accused person was at least 12 years old and at least four years older than the victim. This is a Class B1 felony. While many factors will determine a person’s sentence if convicted, he could face a minimum sentence of 25 years in prison and life in prison with no chance of parole if the victim was under 12 years old or the person had a prior conviction.
- Second-degree rape. A person can be charged with second-degree rape if he engages in vaginal intercourse with the victim by using force and against the will of the victim or with a victim who is mentally disabled, mentally incapacitated, or physically helpless. Second-degree rape is a Class C felony with a sentence of between 58 and 73 months in prison for a first offense and up to 146 months in prison for a subsequent offense.
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