In North Carolina, first-degree forcible rape is engaging in forced vaginal intercourse without the victim’s consent or with a victim who is physically helpless, mentally disabled, or mentally incapacitated. The forcible rape must have occurred with the use of a deadly or dangerous weapon or an item that the victim reasonably though was such a weapon, the display of such an item, the assistance of other people, or the infliction of serious physical harm upon the victim or someone else.

What Is Second-Degree Forcible Rape in North Carolina?

Second-degree forcible rape is vaginal intercourse with a victim done against their will and by force. A person also commit second-degree forcible rape if they forcibly engage in vaginal intercourse with a victim who is physically helpless, mentally incapacitated or mentally disabled and the perpetrator know or should have known this about the victim. This is because a person in such a condition is legally incapable of providing valid consent.

Are Second Degree Rape and Sexual Battery the Same Thing in North Carolina?

No. Sexual battery is engaging in sexual contact with a victim without their consent and for the purpose of the person’s sexual gratification, sexual abuse, or sexual arousal. There is absolutely no penetration of the victim’s body at all. Second-degree forcible rape involves the forced vaginal penetration of the victim.

Is Second-Degree Forcible Rape a Class B1 Felony Like First-Degree Forcible Rape?

While second-degree forcible rape is a felony, it is not a Class B1 felony. Rather, it is a Class C felony, which is a lesser felony than Class B1.

What Is the Punishment for Forcible Rape in the Second Degree?

A person will receive 58 to 73 months in prison for a Class C felony convicted if this is the first time that they have been convicted of a felony. If a person has been convicted committing felonies prior to this, then they may face up to 146 months in prison.

Do I Need a Lawyer for My Second-Degree Forcible Degree Rape Charge?

Yes, you should contact a North Carolina criminal lawyer right away. A criminal defense lawyer will help you fight your second-degree forcible rape charge.