Silence and inaction of a victim do not necessarily serve as legal defenses, even when the Age of Consent Laws are inapplicable due to the age of victim and/or the defendant.Ī minor victim cannot consent to sexual intercourse, either expressly or impliedly.Įven if a minor pursues, encourages, and voluntarily engages in sexual contact and sexual intercourse, the Defendant cannot escape legal culpability. Implied consent is generally described as agreement to or consenting to sexual acts based on the nature and circumstances of the conduct. Implied consent similarly does not serve as a valid defense for criminal charges for statutory rape in NC. Parental approval does not circumvent the statutory rape laws in North Carolina.Įven if parents approve of sexual intercourse between minors or even an adult, the Age of Consent Laws supersede or otherwise control “approval” or “consent.” Statutory Rape: Age and Incapacity to ConsentĬonsent by a victim (or even a parent) is not a legal defense to statutory rape charges in North Carolina, even in instances with express consent. In fact, it may be illegal NOT to report statutory rape or other sex offense for certain people in positions of trust and authority, including: Reporting Statutory Rape in North Carolinaĭue to the severity of the offense and potential for long term harm and damages due to sex offenses, North Carolina anyone aware of statutory rape may report the crime.Īs such, in addition to parents and legal guardians, friends, family, and anyone else aware of the rape may contact local law enforcement to report a crime. Sexual intercourse when the Defendant is 18 years old or older, and the victim is under the age of 13 years old, is a Class B1 felony mandating prison of no less than 25 years in prison.Vaginal Intercourse when the Defendant is at least four (4) years older but less than six (6) years older than the victim is a Class C Felony criminal charge in North Carolina.

Sexual intercourse (vaginal intercourse) with a minor aged 13 to 15 years old, when the Defendant is at least six (6) years older is a Class B1 Felony charge.There are sex offenses defined under the NC Criminal Laws and civil causes of action may exist for contributing to the delinquency of minors, sex offenses, and improper supervision of minors. That does not mean there aren’t other legal protections under the law. While upsetting to many parents, “dating” in-and-of-itself is not illegal, as long as there is no sexual acts or sexual intercourse. It also is not a criminal offense to date someone under the age of 16 years old. In North Carolina, it is not illegal for minors to date each other. Some states account for sexual conduct between minors, setting forth a sliding scale between the respective ages of the Defendant and the victim, allowing for an age variance/disparity between two (2) and four (years). The age of consent varies from state-to-state, subject to the unique criminal laws of each state. While it may sound young, the age of consent in North Carolina at 16, is not necessarily the lowest in the nation. How does the Age of Consent in NC Differ From Other States? It’s important to note, the legal standards in criminal court differ from those pursuant to a lawsuit for damages related to unlawful sexual conduct. Statutory Rape in North Carolina is categorized as a Class B1 Felony and requires a active prison term of no less than 300 months in prison.

Sexual acts require some sort of penetration, however minor or slight, of the anal opening or genital, of the victim’s body.

The Victim has not yet reached the age of 13 years old at the time of the crimeĪ sex act or “sexual act” specifically is not defined as and does NOT include vaginal intercourse.The Defendant engages in vaginal intercourse with the victim.The Defendant (the person accused of criminal charges in North Carolina) is at least 18 years old at the time of the offense.

§ 14-27.23 of Article 7B “Rape and Other Sex Offenses,” is requires the State of North Carolina to present evidence that: The age of consent in NC may involve the offense of statutory rape.

Age of consent in pa