Randall & Stump, PLLC

Sexual Abuse - What is a Sex Offense in North Carolina?

Our blog topic today deals with sexual abuse, namely the two types of first degree sex offense under North Carolina Law.  There are two types of First Degree Sex Offenses in North Carolina.  Forcible Sexual offense and Statutory Sexual Offense.  For a person to be found guilty of first degree forcible sexual offense, it must be proven beyond a resonable doubt that, a person engages in a sexual act with another person by force and against the will of the other person, and does any of the following: (1)  Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon. (2)  Inflicts serious personal injury upon the victim or another person. (3)  The person commits the offense aided and abetted by one or more other persons. For a person to be found guilty of first-degree statutory sexual offense it must be proven beyond a resonable doubt that the person engaged in a sexual act with a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim. 

In dealing with sexual abuse cases it is important to understand the definitions used in the statutes.  What is a sexual act?  "Sexual act" means cunnilingus, fellatio, analingus, or anal intercourse, but does not include vaginal intercourse. Sexual act also means the penetration, however slight, by any object into the genital or anal opening of another person's body: provided, that it shall be an affirmative defense that the penetration was for accepted medical purposes.

What is sexual contact? "Sexual contact" means (i) touching the sexual organ, anus, breast, groin, or buttocks of any person, (ii) a person touching another person with their own sexual organ, anus, breast, groin, or buttocks, or (iii) a person ejaculating, emitting, or placing semen, urine, or feces upon any part of another person.

What do they mean by touching? "Touching" , means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim. 

If you or a loved one has ben accused or charged with a sex offense in North Carolina please give us a call for a free consultation.  

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