Reply #26: It sounds like you have not looked at your State Statute on this [View All]

In my state, statutory rape applies to sex with someone against their will or who is mentally defective or who has assumed the role parent and is living in the same household or under the age of 15. The closer in age they are, the lesser the charge.

North Carolina General Statutes

§14-27.5(a)
*(a) A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person:

§14-27.5(a)(1)

*(1)By force and against the will of the other person; or

§14-27.5(a)
(2)*(2)Who is mentally defective, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally defective, mentally incapacitated, or physically helpless.

§14-27.5(b)
*(b) Any person who commits the offense defined in this section is guilty of a Class C felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 7; 1981, c. 63, c. 179, s. 14; 1993, c. 539, s. 1131; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 14-27.6: Repealed by Session Laws 1994, Ex. Sess., c. 14, s. 71(3).
*§ 14-27.6: Repealed by Session Laws 1994, Ex. Sess., c. 14, s. 71(3).

§ 14-27.7. Intercourse and sexual offenses with certain victims; consent no defense.

*§ 14-27.7. Intercourse and sexual offenses with certain victims; consent no defense.

§14-27.7
*If a defendant who has assumed the position of a parent in the home of a minor victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, or if a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class E felony. Consent is not a defense to a charge under this section. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 9; 1981, c. 63, c. 179, s. 14; 1993, c. 539, s. 1132; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 14-27.7A. Statutory rape or sexual offense of person who is 13, 14, or 15 years old.
§ 14-27.7A. Statutory rape or sexual offense of person who is 13, 14, or 15 years old.

§14-27.70A(a)
*(a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person.

§14-27.70A(b)
*(b) A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person. (1995, c. 281, s. 1.)

§ 14-27.8. No defense that victim is spouse of person committing act.
*§ 14-27.8. No defense that victim is spouse of person committing act.

§14-27.8
*A person may be prosecuted under this Article whether or not the victim is the person's legal spouse at the time of the commission of the alleged rape or sexual offense. (1979, c. 682, s. 1; 1987, c. 742; 1993, c. 274.)

§ 14-27.9. No presumption as to incapacity.
*§ 14-27.9. No presumption as to incapacity.

§14-27.9

*In prosecutions under this Article, there shall be no presumption that any person under the age of 14 years is physically incapable of committing a sex offense of any degree or physically incapable of committing rape, or that a male child under the age of 14 years is incapable of engaging in sexual intercourse. (1979, c. 682, s. 1.)

§ 14-27.10. Evidence required in prosecutions under this Article.

*§ 14-27.10. Evidence required in prosecutions under this Article.
Introduction
S 287. AMEND STATUTORY RAPE LAW. TO AMEND THE LAW REGARDING STATUTORY RAPE AND THE AGE OF CONSENT. Amends GS 14-27.2(a) and -27.4 to make it statutory rape and statutory sexual offense when victim is under the age of 16 (now, 13) and the defendant is at least 12 years old and 5 years older than victim (now, 4). Effective December 1, 1995.
Intro. by Allran.

FROM: Case Law - (http://www.ncinsider.com/insider/supreme/2000/supreme0505/anthony.html)