The age of consent is the age at which a person is considered to be legally competent to give consent to sexual acts.
The age of consent varies by state and ranges from 16 to 18. The legal age of consent in NC for sexual intercourse is 16 years old. However, there are some notable exceptions:
- School Teacher: An employee of a school cannot have any sexual activity with any student at that school unless the two of them are married. This prohibition covers adults and students, and continues to cover them as long as the younger person is a student at any school, regardless of their age
- Four Years in Age: North Carolina has a liberal “close-in-age” provision. This type of provision is called a “Romeo and Juliet” law. It allows for anyone who is above 16 to have sexual relations with another individual who is no more than 4 years younger than they are. Thus, a 17 year old can have sex with a 13 year old without fear of prosecution
At their core, age of consent laws are designed to protect minors from sexual exploitation. These laws acknowledge that young people may not possess the necessary maturity, experience, or understanding to make an informed decision about engaging in sexual activity.
Age of consent laws mean that an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual. Such sexual activity may be considered child sexual abuse or statutory rape. The person below the minimum age is considered the victim, and their sex partner the offender.
Are There Federal Laws that Apply?
It’s important to understand that the federal government has jurisdiction over an alleged crime when some act took place over state lines. This can be actual travel, or as often alleged in cases of child pornography, or by the use of computers or the internet.
It is a federal offense to induce, coerce, persuade, or entice a child under the age of 18 to engage in any sexual activity while affecting interstate commerce or crossing state lines. Similarly, it is illegal to produce, distribute, receive or possess sexually explicit images of a child under the age of 18. The age of consent in individual states is irrelevant.
In addition, it is illegal to cross state lines for the purpose of having sexual encounters with an individual under the age of 18. For example, under federal law a resident of a state with an age of consent of 18 may not travel to another state where the age of consent is lower. Doing so will subject that person to prosecution under federal law.
Are There Any Other Unique Provisions?
As written, the North Carolina law only to applies to “vaginal intercourse,” and therefore presumably only to heterosexual sexual acts. As a result, it is not clear what North Carolina’s age of consent for homosexual conduct is.
However, differentiating between homosexual and heterosexual conduct is decidedly unconstitutional. Thus, it can be assumed that the same rules apply to same-sex couples as they do to opposite sex couples.
What Are the Potential Criminal Charges for Having Sex With Someone Who is Underage?
There are various sorts of crimes and criminal charges that can be brought against someone who has sex with anyone who is under the age of consent. These include:
Are There Instances of False Accusations?
Yes. Having sexual relations with an underage child is a very serious allegation. Unfortunately, the seriousness of these offenses and the consequences they bring about have led to a disproportionate number of false accusations being made over the years.
False accusations are usually made in one of three situations:
- During a divorce or when there is a child-custody issue. One parent may coach the child to make a false accusation so that it terminates the other parent’s access to the child and significantly reduces the chances that parent will be awarded custody
- When the child is caught engaging in inappropriate behavior with someone their own age, and they are deflecting attention to someone else. For example, a child who was caught being sexually active with one of their peers may make a false accusation against an adult when confronted with the activity, so that the child appears to be a victim and the problem of peer sex is dropped
- Sometimes children who have been previously abused make false allegations. They may use the allegation as a way to hurt an adult with whom they are upset
Notably, an accusation will almost always lead to:
- Arrest: The standard of proof for affecting an arrest is low – only probable cause is required. A mere allegation alone is sufficient to result in an arrest
- Loss of employment: As soon as an arrest is made for this type of offense, any employer will likely terminate that person’s employment
- Loss of parental rights: Once an allegation is made, Child Protective Services will conduct an independent investigation. Safety plans will likely be put in place that will limit access to children. For example, a school teacher may effectively be unable to teach because they are required to stay away from children. A parent may be forbidden from seeing their own kids
Are There Any Defenses to Statutory Rape?
This depends on several factors in a state like North Carolina, where there are broad close-in-age provisions.
Having sex with a minor in violation of age of consent laws is considered a strict liability offense. Under criminal law, strict liability crimes are actions considered to be criminal regardless of the perpetrator’s intentions. The defendant may be found guilty even if they were not aware that their actions were criminal. This means that it does not matter if someone had a good-faith, mistaken belief in the other person’s age, or even if they were lied to.
Do I Need a Lawyer?
If you believe you have violated North Carolina’s age of consent law, you should speak to a North Carolina criminal defense lawyer immediately.
Prosecution for these sorts of crimes carries very serious criminal and civil penalties. A conviction for this type of offense can result in a prison sentence that is decades long and a lifetime of registration as a sex offender.
That’s why it’s extremely important to understand state and federal age of consent laws. If you have been accused of a child sex crime, as soon as possible you should talk to an experienced attorney who is skilled in handling these types of cases. A North Carolina criminal defense lawyer can help you understand the law, explain your rights, and represent you in the event of prosecution.
