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You hear the term “date rape” used in situations quite a lot, or you’ve perhaps heard it called “acquaintance rape.” However, under North Carolina law, date rape is simply rape, because it all comes down to the idea of consent.

Here is what you need to know about rape and date rape in North Carolina, including how the law defines it.

Rape in North Carolina: What Is It?

A person can commit rape in varying degrees in North Carolina. It all depends on the circumstances surrounding the case.

Rape in the first degree is usually charged if someone has vaginal intercourse with another person – and that person is either under the age of 13 while the defendant is at least four years older, or, in general, a person uses force to have intercourse with someone else against their will.

In the second scenario, the perpetrator must also:

  • Display or use a deadly or dangerous weapon
  • Display or use something that the victim believes to be dangerous or deadly in the commission of the crime
  • They inflict serious bodily injury on the victim, or
  • They are helped in the commission of the crime by another person

Rape in the second degree is committed if someone has vaginal intercourse with someone else against their will or through force. This also applies to intercourse with someone who is mentally incapacitated, mentally disabled, or physically helpless to stop it, and the person committing the assault knows the other person meets one of those criteria.

There is also a first-degree sexual offense in North Carolina. That occurs when:

  • Someone engages in a sexual act with another person who is under age 13 and they are at least four years older
  • Someone engages in a sexual act by force or against the other person’s will while using a deadly or dangerous weapon – or something the other person considers to be dangerous or deadly
  • They are helped by another person
  • They inflict serious injury to the victim

Second-degree sexual offense follows the same guidelines, using force to engage in a sexual act with someone against their will or with someone who is mentally incapacitated, mentally disabled, or physically helpless.

Greensboro Sex Crimes Lawyer

What About Date Rape?

Date rape is simply a sexual crime as defined above, except it’s often perpetrated by someone who the victim knows. It can be a partner, a friend, a classmate, a family member, or someone that a person works with. There is no specific date rape statute in the law. It’s simply classified as one of the crimes detailed above, depending on the circumstances of the case.

Sometimes a person will commit date rape by giving the other person drugs when they aren’t aware. These drugs are often slipped into drinks. They have a dissociative, amnesiac, hypnotic, or sedative effect that can make it impossible for a person to give their consent to a sexual act or intercourse. Having sex with someone when they are under the influence of one of these drugs is considered rape.

Common drugs used in this way include:

  • GHB
  • Benzodiazepines
  • Flunitrazepam
  • Ketamine

Often, victims of drug-assisted rape will remember drinking something but not know what occurred afterward. Perhaps that felt a lot more intoxicated than they should have for the amount of alcohol consumed. They may wake up feeling fuzzy about events and unable to recall anything happening, but they feel as if someone had sex with them, perhaps because their clothes are missing or disheveled.

Penalties for Rape in North Carolina

When charging rape in North Carolina, prosecutors take into account how old the victim is, what sexual act was alleged to have occurred, and other circumstances in the case, including the use of drugs to incapacitate the victim.

The penalties for sexual offenses in North Carolina can vary quite a bit. It depends on several things, including if the offender has any previous convictions for crimes of the same nature and the crime that they were convicted of itself. Then their punishment is determined based on the class of crime they are found guilty of.

Penalties for Rape in North Carolina

Class B1 Sex Crimes

In North Carolina, B1 sex crimes are the most serious. It includes crimes such as first-degree rape, first-degree forcible sex, and rape of a child. The penalties include as many as 144 months in prison. They can go all the way up to a life sentence in some cases, without the possibility of parole.

Class B2 Sex Crimes

Acts such as attempted rape are considered B2 sex crimes in North Carolina. They can result in up to 393 months in prison if convicted.

Class C Sex Crimes

In North Carolina, Class C sex crimes include second-degree rape and second-degree forcible sexual offenses. It can be punished by up to 182 months in prison.

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