North Carolina Marital Rape Statutes

North Carolina's criminal code expressly states that there is generally no marital rape exemption as a defense against any accusation of spousal sexual assault. One of two exceptions is in the case of a school employee engaging in a sexual act with a student enrolled at the school when the defendant is less than four years older than the victim. The other exception is where the alleged victim is a minor at least 13 and not older than 15 and the defendant is more than four but less than six years older than the victim in one case or more than six years than the victim in another case.

Current North Carolina Laws

The following are sexual offenses under which a person might charge a spouse:

First Degree Rape

A person is guilty of first-degree rape if the person engages in vaginal intercourse with another by force and against the will of the other person, and either uses or displays a dangerous weapon, inflicts serious injury upon the victim or another person, or the defendant is aided and abetted by one or more persons.

Any person who commits an offense under this section is guilty of a Class B1 felony.

Second Degree Rape

A person is guilty of second-degree rape if the person engages in vaginal intercourse with another by force and against that person's will, or with a victim whom the defendant knows or should reasonably know is mentally disabled, mentally incapacitated or physically helpless.

A person who commits this offense is guilty of a Class C felony.

First Degree Sexual Offense

A person is guilty of a first-degree sexual offense if the person engages in a sexual act (other than penetration) with another person by force and against that person's will through the use or by brandishing a deadly weapon; if the person inflicts serious injury upon the victim; or if the person commits with offense aided and abetted by one or more persons.

A person who commits this offense is guilty of a Class B1 felony.

Sexual Battery

A person is guilty of sexual battery if for the purpose of sexual gratification or abuse engages another in nonconsensual sexual contact by force and against the other person's will or with a victim whom the defendant had reason to know is mentally disabled, mentally incapacitated, or physically helpless.

A person who commits this offense is guilty of a Class A1 misdemeanor.

Exceptions

Under sections 14.27.7 a school employee who engages in sex with a student at least four years his junior has no defense that the victim consented unless the two were legally married at the time of the offense. Additionally, section 14.27.7A which addresses statutory rape denies consent as a defense when the defendant has sex with a minor 13 through 15 and the defendant is at least six years older than the victim or when the defendant is more than four but less than six years older than the victim except where the two were legally married at the time of the offense.

Penalties

Both Class B1 and Class C felonies are punishable by a maximum imprisonment of 40 years and/or a fine; misdemeanors are punishable up to a two year maximum in prison and/or fines.

Finding an Attorney

If you face marital rape charges in North Carolina, you have no marital exemption defense except in limited circumstances. If convicted, you can face a long prison term as well as fines. Consult with an attorney as soon as possible to protect against possible prosecution and conviction.