North Carolina -- Age of Consent

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Added 03-2002:
A man in the US has been found guilty of living and having sex with his girlfriend while unmarried.

Jerry Ward was prosecuted under a little-used 1805 Adultery Law in North Carolina.   He admitted co-habiting with his girlfriend and having sex and was ordered to pay 61 in court costs. District Judge Jimmy Myers, a bachelor and ordained Methodist minister, prosecuted Ward and his girlfriend Wendy Gunter, who is estranged from her husband. The adultery law prohibits a man and woman who aren't married to each other to "lewdly and lasciviously associate, bed and cohabit together". Spectators in the courtroom in Taylorsville quietly giggled at some of the testimony. Living together out of wedlock today is common, Joel Harbinson, lawyer for Gunter and Ward told the court.   His request to have the charges thrown out were denied, reports The Charlotte Observer.  The case came about during evidence given at a custody hearing over Mrs Gunter's children.
See this story on the web at http://www.ananova.com/news/story/sm_419060.html

 

 

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14-27.6:  Repealed by Session Laws 1994, Ex.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* 14-27.6:  Repealed by Session Laws 1994, Ex.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.


Update 04-2001:

ARREST -- STATUTORY RAPE OF PERSON 13, 14 or 15 YEARS OLD
On Monday (6-12-00) the Henderson Police Department received a report of a twenty-three (23) year old woman having
been involved in sexual relations with children under the age of 16 years. After investigating further, an arrest was made today.

On 6-12-00, Detective Sgt. A. D. Finch arrested Trina L. Canfield (23) of 105 Ridgecrest Drive, Warrenton, NC and charged
her with two counts of Statutory Rape of a Person 13, 14 or 15 years old. The charges are felony offenses. The offenses are
alleged to have occurred this past weekend at a local motel and the victims were local 15 year-old males. She was confined in
the Vance County Jail in lieu of $80,000.00 bond.

UPDATE >>>> ADDITIONAL CHARGES
After further investigation, Detective Sgt. A. D. Finch has charged Trina L. Canfield with:

5 additional counts of Statutory Rape of a Person 13, 14 or 15 Years Old
2 counts of committing Crimes Against Nature
4 counts of First Degree Kidnapping

The additional offenses all occurred between May 25 and June 10, 2000. The victims were all males at least 13 years old, but
younger than 16 years old. Due to their ages and the nature of the charges, the victim’s names are not being released by police.

The Kidnapping charges result from the taking of a person under the age of 16 from one place to another without the consent
of a parent and for the purpose of facilitating the commission of a felony, statutory rape.

The suspect was given an additional $50,000.00 bond and returned to the Vance County Jail. Her total bond on all charges is
$130,000.00. She is scheduled for a First Appearance court hearing on the new charges tomorrow.
Auth: Glen B. Allen, Chief of Police          7-6-2000 3:40 PM

 

 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

 

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

 

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