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NC Laws on Rape and Sexual Offenses

The following laws are based on North Carolina laws and may have been reworded for better understanding. This is not an exhaustive list of laws that may relate to sexual assaults and/or rape but is posted here simply as a resource.

First Degree Rape [GS 14-27.2(2), Class B1 felony]. Defined as vaginal intercourse by force, with no consent and with the use of a weapon. This includes an act that inflicts serious injury and/or is aided by others. (note: Vaginal intercourse is defined by  case law as the slightest penetration of the female sex organ by the male sex organ State v. Summers, 92 NC App. 453, 374 SE2d 631 (1988), cert. den., 324 NC 341, 378 SE2d 806 (1989).

First Degree Sexual Offense [GS 14-27.4(a)(2), Class B1 felony]. Defined as sexual acts (not vaginal intercourse) that occur by force, without consent and with the use of a weapon. This includes an act that inflicts serious injury and/ or is aided by others. (Note: ?Sexual act? is defined by GS 14-27.1(4) includes the following acts: oral stimulation of the clitoris, vulva, penis, anus, as well as anal and/or vaginal intercourse.)

 Second Degree Rape [GS 14-27.3(a)(1), Class C felony]. Defined as vaginal intercourse by force, without consent. [GS 14-27.3(a)(2), Class C felony] includes the vaginal   intercourse with a victim who the perpetrator knows is mentally disabled, incapacitated or physically helpless. This includes most drug facilitated sexual assaults. (Note: this definition and charge does not involve injuries.)

Second Degree Sexual Offense [GS 14-27.4(a)(1), Class C felony]. Defined as sexual acts (not vaginal intercourse) by force and without consent. [GS 14-27.5, Class C felony] includes sexual acts with a victim who the perpetrator knows is mentally disabled, incapacitated or physically helpless. This includes most drug facilitated sexual acts. (Note: this definition and  charge does not involve injuries.)

             Important note: intoxication is not a defense or excuse in forcible sexual acts.