In North Carolina, rape is defined as a criminal act where there is forced vaginal penetration without the consent of the victim. All other forms of sexual penetration are categorized as forcible sexual offenses.
According to North Carolina law, a forcible sexual offense is a sexual act committed against a person’s will or with an adult who is incapable of providing consent. North Carolina’s definition of a sexual act includes oral sex, such as fellatio and analingus, as well as penetration of a person’s genital or anal opening with an object.
A person commits a second degree forcible sexual offense when they engage in a sexual act with a victim either against the victim’s will or by force. It can also be committed when a person engages in a sexual act with a victim who is mentally disabled, physically helpless, or mentally incapacitated and the perpetrator knew or should have known that about the victim.
No. Sexual battery is unwanted touching or other contact with the victim that is done for sexual gratification, sexual abuse, or sexual arousal. It does not involve any penetration of a sexual nature, nor does it include any form of oral sex.
Yes. A first degree forcible sexual offense is a forcible sexual offense that involves:
No. A second degree forcible sexual offense is a felony crime. More specifically, it is a Class C felony.
In North Carolina, a first conviction of a Class C felony conviction is punishable by 58 to 73 months in prison. If a person has prior felony convictions, then their prison sentence could be as long as 146 months.
You absolutely need legal assistance if you are charged with committing a second degree forcible sexual offense. Contact a North Carolina lawyer for help with your case.
Last Modified: 08-20-2017 10:25 PM PDTLaw Library Disclaimer
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