Statutory Rape Defense Attorney in Greensboro | We’re Here for You

Experienced Statutory Rape Defense Lawyers You Can Trust

Facing a statutory rape charge is a serious crime that can have lifelong consequences. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our dedicated team of defense attorneys is committed to providing the aggressive representation you need during this challenging time.

Understanding Statutory Rape Charges in North Carolina

Under North Carolina law, statutory rape involves engaging in sexual activities with a minor who is below the legal age of consent, as specified by the state laws and statutes.

North Carolina Statutes on Statutory Rape

North Carolina’s statutory rape laws are detailed in Chapter 14, Article 7B of the North Carolina General Statutes, which covers rape and other sexual offenses.

First-Degree Statutory Rape

An individual is guilty of first-degree statutory rape if:

They engage in vaginal intercourse with a child under the age of 13.
The defendant is at least 12 years old and is at least four years older than the child.

This offense is classified as a Class B1 felony.

Statutory Rape of a Child by an Adult

An individual is guilty if:

They are at least 18 years old.
They engage in vaginal intercourse with a child who is under the age of 15.

This offense is also classified as a Class B1 felony.

Elements of the Crime

To secure a conviction for statutory rape in North Carolina, the prosecution must prove beyond a reasonable doubt that:

Engagement in Sexual Activity: The defendant engaged in vaginal intercourse with the alleged victim.
Age of the Victim: The alleged victim was under the statutory age specified by law (either under 13 or under 15, depending on the specific charge).
Age Difference: The defendant met the minimum age requirements and was significantly older than the alleged victim.
Marital Status: The defendant and the alleged victim were not legally married at the time of the offense.

Why Choose Garrett, Walker, Aycoth & Olson?

Expertise in Statutory Rape Laws: Our attorneys have extensive knowledge of North Carolina laws pertaining to statutory rape.
Personalized Defense Strategies: We analyze every detail of your case to develop a defense strategy tailored to your specific situation.
Protecting Your Rights: From the moment you hire us, we work tirelessly to ensure your rights are protected throughout the legal process.
Confidential Consultations: We handle all cases with the utmost confidentiality and professionalism.

Potential Defenses in Statutory Rape Cases

Challenging the Evidence: Scrutinizing the prosecution’s evidence for inconsistencies or lack of proof.
Violation of Rights: If there were any constitutional rights violations during the investigation or arrest.
Consent Misunderstandings: While consent is not a defense due to the victim’s age, misunderstandings can sometimes impact the case.

The Consequences of a Conviction

A conviction for statutory rape or sexual assault can result in severe penalty, including:

Imprisonment: Lengthy prison sentences, potentially including life imprisonment for certain offenses.
Sex Offender Registration: Mandatory registration, severely impacting future employment and housing opportunities.
Reputation Damage: Allegations of sexual assault can lead to personal and professional relationships suffering irreparable harm.

Take Immediate Action

If you are under investigation or have been charged with statutory rape, it’s crucial to seek legal representation immediately. Early intervention can significantly impact the outcome of your case and our criminal defense attorneys are a phone call away to help you.

Contact Us for a Free Consultation

At Garrett, Walker, Aycoth & Olson, we understand the gravity of statutory rape charges and are here to provide the support and guidance you need. Contact us today at 336-379-0539 or fill out our online contact form to schedule a free, confidential consultation.

Frequently Asked Questions About Statutory Rape Defense

What is the Age of Consent in North Carolina?

In North Carolina, the age of consent is 16 years old. Engaging in sexual conduct with someone below this age can result in statutory rape charges, contingent upon additional age differentials defined by state law.

How Does North Carolina Define Statutory Rape?

Statutory rape and sexual assault in North Carolina are defined by engaging in sexual intercourse with a minor under the specified age limits detailed in the state’s legislation. This includes circumstances where an adult engages in sexual activities with a minor younger than 15 or engages in intercourse with a child under the age of 13 when the defendant is significantly older.

What Are the Penalties for Statutory Rape?

The penalties for a conviction of statutory rape in North Carolina can be severe, including lengthy prison sentences, life imprisonment for certain offenses, and mandatory sex offender registration, which can profoundly affect your personal and professional life.

What Elements Must the Prosecution Prove in a Statutory Rape Case?

To secure a conviction, the prosecution must demonstrate beyond a reasonable doubt that the defendant engaged in sexual intercourse with a minor, that the minor was below the statutory age, that there was a significant age difference, and that the parties were not married.

Are There Any Legal Defenses Against Statutory Rape Charges?

Yes, certain defenses may be available depending on the specifics of the case. These can include challenging the credibility or consistency of the prosecution’s evidence, identifying any procedural errors or violations of constitutional rights during the investigation, and addressing any potential misunderstandings related to the alleged circumstances.

How Do North Carolina’s Laws Differ Regarding Sexual Assault and Statutory Rape?

While both involve illegal sexual conduct, statutory rape focuses specifically on age as it relates to the capacity to consent, irrespective of force or coercion, while sexual assault includes factors such as force, coercion, or lack of consent irrespective of age. Different statutes and penalties apply.

What Impact Could a Statutory Rape Charge Have on My Future?

Beyond legal and imprisonment penalties, a statutory rape charge or conviction might lead to significant reputation damage, loss of personal and professional relationships, and difficulties in securing employment or housing due to required sex offender registration.

Why Should I Seek Immediate Legal Assistance if Charged with Statutory Rape?

Quickly seeking legal help can critically affect the trajectory of your defense. An experienced attorney can provide immediate guidance, protect your rights from the onset of legal proceedings, and develop a strategic approach tailored to your case’s unique aspects.

How Can Garrett, Walker, Aycoth & Olson Assist with Statutory Rape Charges?

Our knowledgeable attorneys can evaluate your case’s specific circumstances, construct a personalized defense, challenge the evidence presented, and help navigate the complexities of North Carolina’s statutory rape laws to achieve the best possible outcome.

If you have more questions or need expert legal representation, we encourage you to contact Garrett, Walker, Aycoth & Olson for a free consultation today. Let us empower you to move forward with confidence and assurance.