Facing a sexual assault allegation in Raleigh is serious, a moment that comes with life-changing repercussions even before you have a chance to respond. These cases carry a stigma that often lingers much longer than the actual case. From the moment allegations arise, timing and strategy matter.
Police investigations and media attention move quickly, and even the hint of charges can threaten everything you’ve worked for. That’s why it’s imperative to seek legal guidance from a sex crimes lawyer in Raleigh as soon as possible. Reach out to our experienced legal team as soon as you can to schedule a free consultation.
Overview of Sexual Assault Laws in North Carolina
In North Carolina, there isn’t one specific crime that is called sexual assault. Instead, sexual assault encompasses a few different sex crimes. Understanding how this works and what’s illegal is important for anyone potentially facing charges.
Statutory Rape
Statutory rape in Raleigh is sexual intercourse with someone who is under the legal age to consent, usually younger than 16. Even if the younger person agreed to it, it’s still a crime because the law says minors cannot legally consent to sex. The level of the charge and penalties you’re facing depend on the age of the minor as well as the adult defendant.
First- and Second-Degree Rape
In North Carolina, both forms of rape involve forced sexual intercourse, but the seriousness can depend on the details. First-degree rape means the accused used a weapon, extreme force, or seriously hurt or threatened the victim during the incident.
Second-degree rape includes cases where the victim was unable to consent, like if they were passed out, drugged, mentally incapacitated, or unable to fight back, even if violence wasn’t used. Both charges are felonies with long prison sentences and require sex offender registration if convicted.
Indecent Liberties with a Child
In North Carolina, indecent liberties with a child means someone 16 or older and at least five years older than the minor engages in sexual acts for the purpose of arousing or gratifying sexual desire involving a minor under 16. It doesn’t have to be intercourse – anything intended to “arouse” or satisfy sexual desire can count.
This includes exposing oneself, touching in a sexual way, trying to get a child to undress, or introducing any act considered sexual or improper.
Sexual Battery
Sexual battery under North Carolina law involves sexual contact with another person by force and against their will, or with someone who is mentally or physically incapacitated. The offense focuses on intentional sexual contact, and it can apply even if no physical force is used when the other person is unable to refuse or consent.
Although this is considered less severe than rape and classified differently, it is still a very serious criminal offense that carries harsh consequences.
Solicitation of a Child By Computer or Other Electronic Device
Online solicitation of a minor in North Carolina targets those who communicate over text or the internet with someone they know or believe is under age 16 for the purpose of arranging a meeting to commit an unlawful sexual act. The defendant doesn’t need to physically meet the minor; if you were talking to an undercover agent or someone pretending to be a child, it’s still considered a crime.
Exploitation of a Minor
This law makes it a felony to knowingly create, record, copy, or possess material that shows a minor engaged in sexual activity. It also prohibits sharing, selling, receiving, or distributing that material in any form, including content that has been altered to make it appear that an identifiable minor is involved.
In addition, exchanging or distributing child sex dolls is included under this statute. The law focuses on the nature of the material itself, and even if someone claims they did not know the person’s actual age, that is not a valid defense.
No matter what type of sexual assault charge you are facing, our experienced and tenacious team of sexual assault attorneys in Raleigh is here to fight for you at every turn.
What to Do If You Are Accused or Under Investigation of Sexual Assault Charges
Allegations of sexual assault or other serious charges can change your entire life in just an instant. It’s normal to feel scared or even angry, but there are certain steps you should take and certain ones you should avoid to make sure you don’t do anything to harm your case.
Do Not Speak to Police Without a Lawyer
When the police interrogate you, you always have the right to remain silent and the right to have a lawyer present while you are being interrogated. No matter how nice the police seem and how innocent you are, you should always ask for your lawyer before speaking with law enforcement. They can and will use your words against you if possible.
Do Not Contact the Accuser
Avoid absolutely all contact with the accuser, directly and indirectly. This means don’t try to see them in person, don’t call or text them, and don’t have another person reach out to them for you. Even if you haven’t done anything wrong and you just want to apologize, now is not the time.
Preserve Messages and Records
Keep any emails, text messages, social media posts, or other records that could be important to your defense. Do not delete, change, or try to hide digital evidence because this can make you look guilty even if you aren’t. Save everything you have so your lawyer can review it.
Seek Legal Counsel Immediately
Sexual assault crimes are some of the most serious you can face. You should reach out to an experienced lawyer right away as soon as you know you’re being investigated, even if you haven’t been charged yet. Reach out to our team for a free consultation and honest advice.
Don’t try to figure out your path forward alone. Getting legal support right away can reduce the penalties you’re facing and give you real options to protect yourself and your future. The early decisions you make can shape your entire case.
Contact Marcilliat & Mills PLLC To Schedule a Free Consultation With a Raleigh Sexual Assault Attorney
When you’re up against this type of accusation, you should have an advocate on your side, not just a lawyer who understands the law but someone who proactively fights to protect your future and your name. Whether it’s preserving important evidence or filing urgent motions, each early step can make the difference in your case. At Marcilliat & Mills PLLC, we treat every case with the sensitivity and tenacity required at this challenging time. Contact us to schedule your free case evaluation.