North Carolina’s sex offense laws and statutes are constantly changing. This makes it extremely difficult to determine whether or not you could be charged with rape or many of the other serious sex crimes. Considerably, North Carolina sex cases are extremely complex and involve heavy penalties. If convicted or even merely charged with a sex offense, it could damage your reputation in the community, ability to get housing, personal life, employment, and possibly require you to register as a sex offender. If you find yourself in a situation in which you are being investigated or charged with a sexual related offense, it is vital that you speak to the criminal defense team at Jetton and Meredith. The skilled and experienced attorneys on our criminal defense team are here to preserve everything that you have worked so hard to build. Most importantly, the team at Jetton and Meredith have decades of experience dealing with hundreds of sex crimes cases. Let us stop the mayhem and call our defense team today at 704.333.1114 to schedule your free consultation.
North Carolina’s Statute for Second-Degree Forcible Sexual Offense (N.C.G.S. § 14-27.27)
N.C.G.S. § 14-27.27, which was recently changed in 2015, lists that a person is guilty of a second degree forcible sexual offense if the person engages in a sexual act with another person:
- By force and against the will of the other person; or
- Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mental disabled, mentally incapacitated, or physically helpless.
Elements
A person guilty of this offense:
- Engages in a sexual act other than vaginal intercourse and
- The act is
- By force and against the person’s will or
- With someone who is
- Mentally disabled,
- Mentally incapacitated, or
- Physically helpless and
- the defendant knew or should have known that the victim was mentally disabled, mentally incapacitated, or physically helpless.
Sexual Act Defined:
A sexual act includes cunnilingus, analingus, fellatio, and anal intercourse but not vaginal intercourse. Cunnilingus means the stimulation by tongue or lips of any part of the woman’s genitalia (penetration is not required under this statute). Analingus means stimulation of a person’s anal opening by tongue or lips. Fellatio is any touching of the male sexual organ by the lips, tongue, or mouth of another person. Additionally, a sexual act includes insertion of any object into another’s genital or anal opening, however slight.
Mentally Incapacitated, Disabled, or Physically Helpless:
Mentally incapacitated refers to a victim due to any act is rendered substantially incapable of evaluating the nature of his or her conduct, or resisting the act of vaginal intercourse or a sexual act.
A victim is mentally disabled when an intellectual or a mental disorder temporarily or permanently renders the victim substantially incapable of evaluating the nature of his or her conduct or resisting the act of vaginal intercourse or a sexual act, or of communicating unwillingness to submit the act of vaginal intercourse or a sexual act.
A victim is physically helpless when either the person is unconscious or is physically unable to resist an act of vaginal intercourse or a sexual act or communicate unwillingness to submit to an act of vaginal intercourse or a sexual act.
Most Frequent Questions Asked in this Type of Case...
Can I get in trouble if I had consensual sex with someone who is saying they do not remember what we did?
Answer: YES! (Why is that you may be asking...)
Explanation: Remember what we said about the law constantly changing...this is one of those circumstances. Prior to 2019, North Carolina law stated that once consent was given, it could not be revoked. North Carolina was the only State with that rule. Now, N.C.G.S. § 14-27.20 reads that against the will of the other person means either without consent of the other person or after consent is revoked by the other person, in a manner that would cause a reasonable person (not subjective belief) to believe consent is revoked. This allows a person the ability to change their mind, communicated that to the other person, and withdraw or revoke their consent to engage in sexual activity.
Another major change was the definition of mentally incapacitated under N.C.G.S. § 14-27.20(2). In the past, someone incapacitated through alcohol, poison, or a controlled substance would not be considered “mentally incapacitated” and/or would have no effect on whether or not a person could determine what is going or resist the sexual activity. Currently, any act that renders a person unable to judge the nature of their actions or resist the sexual activity will make a person mentally incapacitated. Therefore, even though you believe that the sex was consensual, there is the possibility the other person does not remember and could be deemed mentally incapacitated based on the new law.
However, part of the offense includes whether or not the defendant knew or should have known that the victim was mentally disabled, mentally incapacitated, or physically helpless. In order for the defendant to be guilty of that element, a reasonable person standard must be met. That standard means that the actions would have been understood by the normal everyday person in the same situation who takes reasonable actions and precautions to mean that the person was not mentally disabled, mentally incapacitated, or physically helpless.
Punishment
Any person who commits the offense defined under N.C.G.S. § 14-27.27 is guilty of a Class C felony.