Understanding the Age of Consent in North Carolina
What is the Age of Consent in North Carolina?
While discussing relationships and matters relative to those stages of life, one term used frequently among sexually active partners is "consent." In its most basic form and contemporary construct, the term means permission for something to happen or agreement to do something. In its legal construct, Consent is defined as an agreement to a proposition or an act made by a person in the possession of sufficient mental capacity and that is free from the influence of fraud excercised upon him by another.
In North Carolina, consent in physical relationships is a legal touchstone upon which many state laws hinge. The age at which a party can legally consent to such a relationship is deemed the "Age of Consent." For purposes of this discussion and in common parlance , a sexual relationship is one in which sexual acts defined in the penal code are committed. Consent above the legal Age means that the acts are not prohibited by statute from being charged as illegal acts. While in our popular legislature we may refer to minors (a status which refers to anyone under 18 years of age) as being below the age of consent, the law does not technically define such a concept in its relation to the statutes governing prohibited sexual offenses.
The Age of Consent for purposes of North Carolina Criminal law is declared as sixteen (16) years of age. This means that any party who has reached sixteen years of age is legally empowered to consent to a sexual act with another, and a party who engages in such acts cannot be convicted of a violation of the laws against such acts with such a person. The critical exception to this doctrine is a charge of statutory rape which prohibits sexual intercourse with a person under sixteen years of age regardless of the accused person’s age. Statutory Rape is a Class B1 Felony in North Carolina.
Exemptions to the Age of Consent Statute
Exceptions to the statutory age of consent might include an exception to the first-degree forcible sexual offense statute, or a "close-in-age" exemption to consensual sexual offense. An exception to the first-degree forcible sexual offense statute would allow a person in a position of authority to have sexual relations with his or her student if the age difference is less than four years. The close-in-age exemption would also apply if the sexual relations were consensual between two individuals who are close in age to one another. If the difference is within a certain scope, then they would not be subject to the criminal liability associated with the age of consent in North Carolina.
The close-in-age exemption allows for a minor 15 years of age or older to not be subject to the criminal liability associated with a violation of the consent law if he or she engages in sexual activity with a person no more than four years older than himself or herself; we typically refer to this as the "Romeo and Juliet" exception. The law gives these named individuals different names based on what act it is that the individual is charged with committing. The law alludes to the different acts by referring to the individuals as "A" and "B." This distinction is made because in certain times, the act can be either sexual conduct or sexual penetration. In these cases, the law only refers to sexual penetration by using the term "Sexual act." Sexual conduct only refers to sexual intercourse. Thus, this provision reads: A person 15 years of age or older is not guilty of a violation of G.S. 14-27.2(a)(1) through (4) or attempt to commit such offense if the person against whom the acts are alleged to have been committed was at 15 years of age or older, the persons are not more than four years apart in age, the persons are of the opposite gender and the conduct was consensual. (G.S. 14-27.7). This, however, does not mean that a person accused of these crimes will not have to go through the legal system. It may still have to be proved that the minor was at least 15 years old and that the sexual conduct was consensual. Despite all that, the law sets forth definite limits as to what the prosecution must prove. This is important for practical reasons. If the potential penalty for this act were greater than the limit set here (in this case, it is a Class A1 misdemeanor), then a minor who did not know the legal age of consent may be facing much more serious consequences.
Understanding Statutory Rape in North Carolina
Under North Carolina’s General Statutes Chapter 14 Article 7B, sex crimes include rape. North Carolina law defines statutory rape as sexual intercourse where either of the individuals is under the age of 16 or the defendant is a teacher, student teacher or coach. Under the same article, a defendant may be guilty of taking indecent liberties with a child if they willingly expose or touch his or her sexual organs involving a child less than 16 years old.
Other sex crimes may fall within the terms of North Carolina’s the article including human trafficking (under due to a civil of criminal proceeding). However, under North Carolina law, people do not need to be under the age of 16 and the defendant does not need to be a teacher, student teacher or coach to be charged with sexual offenses. While younger individuals are protected under North Carolina law when it comes to sexual offenses, this does not mean that the accused has no legal options or defenses.
Penalties for statutory rape in North Carolina can include 25 years to life imprisonment if the parties to sexual intercourse are less than 15 years of age. A Class B2 felony includes penalties of 10 years to 41 months for those over the ages of 15 and 16.
Statutory rape offenses have many complexities. While accused parties may feel as though consent was given to some extent, the fact of the matter is those who are under the age of 16 cannot legally give consent in North Carolina.
Comparison with Other States
A comparative analysis of the legal consent age in North Carolina reveals some interesting patterns. Most states have set the legal age at 16 or 17, reflecting a more liberal attitude towards relationships between consenting adults. However, other states, such as Alabama and Florida, have established the age at 18, demonstrating a stricter approach.
This variation from state to state may arise from differing cultural norms or religious influences. It also demonstrates different approaches to teenage sexuality and parental authority. For instance, the fact that many states allow sexual relationships between minors aged 16 or above may reflect a recognition of teenage autonomy and the complexity of sexual identity development during adolescence .
Understanding the variations in legal consent ages is crucial, particularly when considering interstate familial relationships, child custody arrangements, and the interpretation of statutory rape laws. An age gap of a few years can have significant legal and social implications, including the classification of an adult relationship as exploitative or abusive.
In conclusion, while there are some similarities in the legal consent age across North Carolina and its neighboring states, the differences reveal varying cultural and legal attitudes towards adolescent relationships.
Consent and Legal Consequences
In a state where the legal age of consent is 16, there are a myriad of theoretical and practical implications. As noted in the previous sections, North Carolina’s statutory rape laws establish that an individual who has sexual relations with a person under the age of 16 can be charged with a felony of the class specified in the chapter. These felonies carry a potential sentence of ten to twenty-five years in a North Carolina prison.
What is also interesting about the statutes regarding unlawful sexual acts and sexual offense is that consent is irrelevant. As long as the defendant is in fact over the age of eighteen, or over the age of Billy Wayne Cope, consent cannot be used as a defense. In effect, failure to meet the prescribed statutory requirements is a sufficient basis for a conviction.
Consent to sexual acts is by no means irrelevant to the law, and allows the prosecution some leeway over other violations of the sexual offense and sexual act statutes. Criminal law regards consent as a matter of course in rape, where consent is the most common motive for defense. If a person is charged under a statute that does not allow for any consideration of consent, the charge can in some cases be upgraded to a more serious offense.
Consent is still an important part of the law as it relates to sexual offenses. Consent to a sexual act is not the same as consent to a video recording of a sexual act, however. If a person is in fact under the age of 16, and records images or videos of a sexual act, he or she is committing a Class F felony. The difference between sexual acts and sexual offenses, then, is that the consent of the person is required, but not the person in question. Consent to be photographed, however, does not equate to consent to have a sexual act.
There is also a higher level of distinction between different types of offenses. Thus, if an individual sexually assaults a person that is less than thirteen years of age, the charges will likely be elevated to an aggravated sexual offense in the first degree. Such offenses will carry additional penalties should the individual be convicted.
Further complicating the issue is the fact that all sections of the sex crime laws are applied at the discretion of the law enforcement officer. Because law enforcement officers can be biased by a number of factors, including their political preferences, attorneys are often of two minds on whether a plea bargain is advisable. Often, the possibility of plea bargaining largely depends on the strength of the evidence against the client.
Resources and Legal Help
For more information about consent laws in North Carolina, visit the National Child Traumatic Stress Network (NCTSN), which provides a wealth of information about various consent laws in every state. For more information about age of consent laws specific to psychiatric treatment, visit the U.S. Department of Health and Human Services’ National Center for Youth Law website , here.
The NCTSN also gives links to hotlines for youth:
Covenant House of North Carolina: 24/7 Crisis and Suicide Prevention Hotline and Human Services Resource Line is 1-800-368-2405
North Carolina Child Welfare Services provides a toll free Family & Children’s helpline at 1-800-662-7030 24/7 or within North Carolina 1-877-582-6232.
Kids’ Helpline – telephone (available for free in the U.S. and Canada): 1-800-686-4422 4 Kids; text: 4KIDS (45273). Mango Messenger App is available for smartphone download (cost is $3.99).