![]() ![]() The Charge of Statutory Rape Depends on the Age Difference When it comes to statutory rape charges, the defendant cannot raise the defense that the alleged victim consented to the sexual intercourse. A defendant cannot be convicted of rape, when prosecutors fail to prove that an alleged victim did not consent to the sexual intercourse. With ordinary rape charges, defendants can raise the defense of consent. Consent is Not a Defense to Statutory Rape Thus, adults who have sexual intercourse with a person age 15 years or younger will be strictly liable for Statutory Rape. Thus, a 15-year-old might say that he or she consents to sexual intercourse, but courts will not recognize that consent as legally valid. Teenagers age 15 and younger are not legally able to give their consent according to North Carolina law. Under North Carolina law, a person who is 16 years old and older have reached the age of consent. On the contrary, a defendant charged with statutory rape can be convicted in court of the crime despite having “consensual sex” with another person. ![]() For example, the crime of rape requires the defendant to have sexual intercourse with a victim who does not give consent. When it comes to the crimes of rape and sexual assault, the offenders engage in sexual contact of some degree to which the victim does not consent. Statutory rape is different from other sex crimes in North Carolina. North Carolina’s Definition of Statutory Rape The older partner could face charges for statutory rape, which is a serious sex crime in North Carolina. Statutory rape often arises when a teenager has sexual intercourse with a partner who is a few years older. Many North Carolina residents are unaware that they can face rape charges when they engaged in consensual sex. North Carolina defendants can face felony charges for having sexual intercourse with a person under the age of consent. When the charges involve statutory rape or sex with a minor, the stigma can be significant. North Carolina sex crimes are incredibly serious. ![]()
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