Teens Facing Rape Charges In North Carolina
The expectations and options for minors facing rape charges.
Rape is a serious issue, and a criminal charge is similarly grave. But the classification, legal definition, and possible outcome of a rape charge are greatly affected by the age of the offender and the victim. A class B1 felony when committed by an adult, may be perfectly legal when committed by a teenager. This article outlines the types of rape charges and how they apply to North Carolina teens.
Protect Yourself By Understanding Your Options and Knowing Your Rights.
Call For A Consultation 704-333-9900
What is Rape?
North Carolina classifies rape into forcible and statutory as well as separate degrees of each.
Forcible rape. Forcible rape is vaginal intercourse against the will of another. If the offender used threat of violence or a deadly weapon, the offense will be a Class B1 felony. If there was no violence or the victim was unconscious, the offense will be a Class C felony.
Statutory rape. Statutory rape occurs when age discrepancy negates any possible consent. For example, vaginal intercourse is a class B1 felony if the victim is under the age of 13 and the offender is four years older (at least 12 years old). If the victim is 15 years old or younger, the offender must be at least six years older than the victim. If they are only four years older than the victim, it can still be a class C felony.
Situated squarely inside the applicable age limits, teens can find themselves facing rape charges if engaged in supposedly consensual relationships. A 17-year-old with a 13-year-old partner can be guilty of a class C felony even if the minors “consented”. Courts will consider the offender’s intent of sexual satisfaction rather than any intent to hurt or injure.
Juvenile Charges
Although the prosecutor can request to prosecute certain high-level felonies in the superior court, offenders under the age of 18 are generally processed through juvenile delinquency courts. The offender will still be charged and go to trial (called an adjudicatory hearing) but the penalties are much different.
When a juvenile is adjudged to be delinquent (effectively a guilty finding), the court will use therapists, counselors, and other sources to create a long-term rehabilitative program. The program can include placement within the home with social services supervision, community service, counseling, out-patient and in-patient treatment, supervised day programs, house arrest, license suspension, curfew, and even commitment to a youth development center (juvi). For B1 forcible and statutory rape, the program can last until the offender turns 21 years old. Programs for other felonies generally do not exceed the offender’s 19th birthday.
Even after completing the program, the offender will still have lifelong stigmas. Juvenile records are sealed to the public, but certain security background checks and other licenses may have to disclose a juvenile felony conviction. Furthermore, when sentencing high-level sex offenses, the court can require the offender to register as a sex offender for up to 30 years.
While a diversion is unlikely, a teen charged with a felony sex crime may be able to plead down to a similar misdemeanor offense. For example, “indecent liberties between children” prohibits persons under 16 and three years apart from committing lewd acts together. Even if a plea includes an extensive delinquency program, avoiding a felony conviction and sex offender registration can be valuable.
Citations:
N.C. Gen. Stat. Ann. § 14-27.21 First-degree forcible rape.
N.C. Gen. Stat. Ann. § 15A-1340.17 Felony penalties.
N.C. Gen. Stat. Ann. § 14-202.2 Liberties between children.
N.C. Gen. Stat. Ann. § 7B-2506 Delinquent juveniles.
contact information
plumides, romano & Johnson, pc
2115 Rexford Road, Suite 320 Charlotte NC 28211
PHONE: 704-333-9900
FAX:704-358-0536
Copyright ©2025 Plumides, Romano & Johnson PC • All rights reserved
Digital Marketing By 
This website is intended to provide general information only. Nothing contained in this website is intended to provide legal advice. By using this website you acknowledge and agree that you have not formed an attorney-client relationship with Plumides, Romano & Johnson PC and will not rely on any information contained on this website.