The North Carolina Legal Age of Consent Explained

The Legal Age of Consent for North Carolina

North Carolina does not have a separate law addressing the age of consent. Age of consent is intertwined with statutory rape laws. Age of consent is the minimum age at which an individual can legally consent to sexual activity. Generally speaking, a minor who engages in sexual acts with an adult can consent as long as the adult is not in a position of trust or authority over them.
Under North Carolina law , the legal age of consent is 16. It is a violation of NCGS 14-27.7 for a person to have intercourse or a sexual act with a person who is 15 years old or younger. This can be a misdemeanor or felony level sex crime depending on the facts and circumstances of the specific case.
The exceptions to the North Carolina statutes are as follows: The sexual act was initiated in the course of a consensual relationship between the defendant and the victim; the defendant was never more than four years older than the victim; the defendant reasonably believed that the victim was 16 years old or older.
In North Carolina, there is no close in age exception for statutory rape. Close in age statutes are designed to prevent the prosecution of individuals for engaging in consensual sexual acts when both carelessly ignored the relevant age of consent laws.

Statutory Rape and Consequences

As noted above, in North Carolina, the statutory definition of Sex Offense under N.C. Gen. Stat. § 14-27.7 includes sexual activity between adults and minors. Particularly, sexual activity between a juvenile who is 13, 14, or 15 years old and an adult who is at least 6 years older. In these situations, sexual activity under N.C. Gen. Stat. § 14-27.7 is considered Statutory Rape of a Child.
The consequences for breaking the law, like all laws, vary based on the nature of the offense. In North Carolina, the law courts can be especially harsh for people who have sex with minors. Convictions for statutory rape can lead to either being imprisoned in the state penitentiary or being required to register as a sexual offender for the rest of one’s life. Whether or not one goes to prison will depend primarily on the nature of the offense.
If convicted of statutory rape in North Carolina, a defendant could face a wide range of legal consequences, as Statutory Rape of a Child in North Carolina is considered a Class B1 Felony. A Class B1 Felony conviction can lead to a prisoner’s not being eligible to receive parole. This is true, even if the defendant only gets a sentence of a few months.
If a defendant is offered the chance to receive parole, the person will have to pay their parole officer $30 per month. Furthermore, anyone on parole in North Carolina has to report to the Department of Community Supervision in person every two weeks until their parole is over and cannot leave the state with permission.
In addition to being required to pay for their parole officer, a defendant is also required to pay a Victim’s Assistance Fee in the amount of $30.00.
Parolees are also not allowed to have any contact with the victim, which cannot be modified without a written request from both parties and the judge’s approval. If a parolee fails to follow the terms of their parole, they can be sent to the state prison until the end of their sentence (even if it is in a different state).
If the defendant is convicted of Statutory Rape of a Child, the defendant will also be put on the North Carolina Sexual Offender Registry. (This registry is currently maintained on the Internet by the State Bureau of Investigation.)
This means that former convicts are required to keep their address up to date with the North Carolina Department of Corrections. Keeping the address current and the other information up to date will keep a defendant off the Register.
Therefore, one should avoid being on the sexual offenders list – which is why one should attempt to avoid being convicted of statutory rape. If convicted, the defendant will remain on the registry, whatever their likelihood of going back to prison.

Close-In-Age Exceptions

Close-In-Age Exemptions, otherwise known as "Romeo & Juliet Laws," target sexually active teens who find themselves within a few years, more or less, of each other in age. This type of exemption for chastity laws tends to be front-loaded, meaning that the younger partner must be very close in age to the older partner in order to receive any benefit from the exemption. If the older party is more than a few years older than the younger partner in the report of the relationship, then that older party cannot be charged with statutory rape; only the younger party can be charged. This means that the younger party would face charges in court if the situation was reported and prosecuted.
Since the age of consent in North Carolina is 16, a few years gap in the ages will leave a partner vulnerable to prosecution. A close-in-age exemption may only provide safe harbor if the accurate ages of the parties are known. Since there is no way for a party to guarantee that he or she is not being used as a scapegoat so that another partner can avoid prosecution, it is wise to assume that an age difference of more than three years between partners of unknown age makes one of the partners open to charges.
While North Carolina has age of consent laws, and while every state in the U.S. has some type of law pertaining to the age of consent and statutory rape, how these laws are applied varies from state to state. How the laws on statutory rape are applied in a specific case can also vary from prosecutor to prosecutor because of the discretion granted to the district attorney. Whether or not charges are brought often depends not on the acts alleged, but on the ages of the parties involved.

Parental Consent and Approaches to Marriage

Just like with other exceptions to the North Carolina age of consent laws, parental consent significantly changes the legal landscape when it comes to marriage ages in North Carolina. Like any other part of the law, however, there are numerous subtleties regarding this issue.
If a person is 18 years old, they are legally allowed to marry in North Carolina . . . no questions asked. The complications come in if a person is under 18 years of age. In North Carolina, there are two possible courses of action when a minor wishes to get married. The first is to have a consent from both parents or from only one parent (although it’s easier to get this consent if parents share joint legal custody of the child).
If parental consent forms are signed from all necessary adults, courts simply need to verify that the adult signing has the legal right to do so. In other words, legal right is presumed and it’s on the burden of anyone who wishes to oppose the marriage to prove that the adult signing did not have the legal authority to sign.
If the minor is under 14 years of age, however, parental consent is not enough. Instead, the couple must seek the approval of a district court judge for the marriage to be legal. During this process, the minor must prove that he or she will be able to enjoy married life. Note that the judge is only authorized to grant a marriage license to couples that seem like they will enjoy married life. He or she does not address other issues . . . such as the age of the parties involved.
Marriage laws, unfortunately, are frequently misconstrued. In passing, the law does not address whether there are ramifications for parents who sign parental consent to an illegal marriage or that it may be illegal to marry someone who has been adopted by the marrying party. In fact, North Carolina law suggests a prospective parent may claim an adopted child in their own household as their biological child . . . and this creates an entirely new wrinkle into any marriage.
Perhaps the most important advice here is to always consult with a seasoned North Carolina attorney about your situation. They know the ins and outs of these laws and understand the philosophy of the judges who routinely hear these cases.

Defenses in Age of Consent Cases

Legal defenses in an age of consent case might include an argument that a defendant was falsely accused, or that the sexual acts took place outside of the how the law defines "engaging in sexual activity" with a minor. If the alleged victim and the person they claim to have engaged with meet the legal definition of "close in age," that can also be a legal defense. In North Carolina, a minor who is 13, 14, or 15 years old can legally consent to sex with a person who is no more than five years older.
"Close in age" relationships are a very common part of how people develop relationships in their teenage years. Close in age cases are generally treated more leniently by the courts, but not necessarily after charges have been filed. Having a good attorney in a case like this is key.
Consider the case of State v. Patrick D. deals with a 15 year old boy having sex with an 11 year old girl. The boy’s attorney found out that the girl had a criminal history of sexual misconduct and encouraged the boy’s parents to pursue that line of defense. When the motion to dismiss charges in this case was filed , the girl’s 61 year old guardians provided sworn affidavits indicating that the girl had been previously sexually active and pregnant, except that her pregnancy had ended in abortion and the alleged father was unknown.
This reached the Court of Appeals and was dismissed. "Even accepting as true the Andersons’ affidavit testimony that [the victim] had been sexually active for at least two years prior to the indictment, we cannot say that, on the facts presented to the trial court, the State could not prove that [the victim] was a victim of a crime charged in the indictment," the Court noted in its decision.
While that case is not a total victory for the minor (she was still decided to be a victim), it is a good example of a case in which the lawyer defended the man and the woman with creative arguments and an understanding of the law and how to apply it to their specific circumstances.

The Role of Age of Consent laws in Education and Prevention Efforts

Because sexual offenders are often known to the victim, ongoing education and awareness programs in schools, the community, and among parents can have a positive impact on reducing the likelihood of physical contact in a non-consensual or abusive relationship. Thorough curriculum that covers different key areas, including consent, harassment, coercion, reporting protocols and more can be invaluable to young people. Such programs are already having a strong impact by educating young people on issues related to abuse and harassment, although there is always opportunity for improvement. Additionally, we understand that it can be difficult to hold these conversations with young people in a way that generates positive understanding. However, this is vital to reducing instances of unlawful relationships. Programs often include elements that both explain the law and raise awareness about abusive dynamics that often go unreported from both sides. With an increased level of information available to young people, they are more likely to avoid being involved, whether as a victim or an offender. They understand that regardless of the circumstances, it is never necessary to consent to the physical advances of another person. Similarly, they understand the nature of consent, and that even in the context of a romantic relationship, consent must be sought and freely given; it cannot be expected. In broader areas, the general public can benefit from increased awareness about sex offender laws, registration, criminal and civil consequences of failing to register, and what should be reported to law enforcement. The more the general community is engaged, the more likely they are to identify, report, and prevent unlawful relationships and contact from occurring.

Recent Developments and Proposed Changes in North Carolina Law

Even if there are no major recent changes to this law in North Carolina, lawmakers continue to discuss or propose changes in the legislature.
Some of the proposals leave the current law in place but raise the age of consent from 16 to 18. Such an approach could have a disparate impact on youngsters who wish to engage with each other sexually.
As troubling and hard as it can be to believe that teachers, coaches and family members are sometimes guilty of engaging in sexual contact with someone they have close access to , the current law does at least protect teens over the age of 16 who are flirting with or dating peers. It also keeps a significant age difference from legally consummating a relationship either in the bedroom or elsewhere.
It may take time for lawmakers to gather sufficient data on how changing the law would impact the state, but it is encouraging to note that some of these groups are not simply sitting idol.