What Is North Carolina’s Age of Consent?
The minimum age of consent to engage in sexual activity in North Carolina is sixteen. The provisions on the age of consent are found in section 14-27.7A, titled "Sexual offense against person less than six-teen years old." The statute provides in pertinent part: (a)It shall be unlawful for any person at least six years older than the victim to commit a sexually violent offense against the victim or to aid or abet a sexually violent offense against the victim. (b)For purposes of this Article, a person is guilty of a sexually violent offense against another person if, for the purpose of obtaining sexual gratification or sadistic or other abuse, the person does any of the following: (1)Engages in a sexual act with a person under six years old. (2)Engages in a sexual act with a person who is at least six years old but less than 13 years old if the person is at least 12 years older than the victim. There are several different criminal offnenses that can result from a violation of this statute. If , for example, the offender engages in a sexual act with a victim under the age of six, he or she may be guilty of either statutory sex offense or statutory rape. Statutory rape may be charged if the sexual act involves penetration. A person can be convicted of statutory sex offense if the sexual act does not involve penetration. The penalty upon conviction will be determined by the age of the offender and the age of the victim. The most severe punishment would arise if the perpetrator is an adult (person aged 18 or more) who engages in a sexual act with a victim under the age of 13. The most severe of these offenses are classified as "Registerable Offenses" meaning the offender must register as a sex offender for the remainder of his or her life.
In summary, a marriage license may be issued in North Carolina to a person who has reached age 14. However, the minimum age of consent in North Carolina is 16.
Age of Consent Law and Exceptions
North Carolina does allow for some exceptions to the law, acknowledging that many young people have sex and engage in consensual sex. As described above, the statute says it is a crime when there is sex with a minor by someone who is at least 18 years of age or older. However, prosecutors have discretion when considering charges in these cases.
For example, some states have something called a "Romeo and Juliet exception," where if your partner is within a certain age range of your own, then you cannot be prosecuted for sex with them. That is, if you are 20 years old and your partner is 19 years old, then you would not be charged with a crime (or may only face a misdemeanor). However, in North Carolina, that age gap is not allowed. This means that, in the above example, you would still be charged with a crime.
In North Carolina, what we usually see are errors conveyed in the age of consent. For example, we’ve seen cases where a person’s girlfriend/ boyfriend is only six months younger than him, but they are charged with a felony sex crime.
Harsh Penalties for Violating Age of Consent Laws
The legal ramifications of violating North Carolina’s age of consent laws are severe. Whether the violation is through example 1 or example 2 (above), prosecutors can seek several different criminal charges, not to mention any potential civil ramifications.
In North Carolina there are three possible criminal charges that can be brought against a person who violates the age of consent laws regarding sexual acts with a person younger than 16 or 18 years of age.
- Statutory rape
- Indecent liberties with a child
- Sex offenses against certain person’s
Where the accused is more than five (5) years younger than the alleged victim, the statutory penalty is life in prison. Where the accused is less than four (4) years older than the alleged victim, the statutory penalty is one hundred and eighty-four (184) days to fifty (50) months in prison.
Indecent liberties with a child can carry a sentence of up to fourteen (14) months in prison. However, if the offender has a prior conviction for sex offense before the current offense, the statutory punishment is presumptive life. Moreover, if the victim of the indecent liberties offense was a child under the age of ten, the presumption is life in prison.
A sex offense against certain persons carries a statutory penalty of one hundred eighty-four (184) days to seven (7) years in prison. However, where the alleged perpetrator is over four (4) years older than the alleged victim, the punishment is presumed life in prison.
The penalties discussed above are merely the statutory ranges. Judges have very little authority to depart from the statutory ranges once a person is convicted. Likewise, juries will likely find offenses without the consent of the other party or without appropriate relationship restrictions against other parties to have occurred, leaving little room for acceptance of mitigating circumstances. Additionally, the penalties described above are not including what can happen in civil court. For example, a civil suit can be brought against the alleged perpetrator for money damages by the alleged victim, the family of the alleged victim, and the State itself. Further civil proceedings can result in registry as a sex offender, loss of teacher license, etc.
As a result, allegations of sex offenses should not be taken lightly.
The Age of Consent Compared to Other States
The age of consent in North Carolina is among the lowest in the nation. In fact, North Carolina is one of only a few states to lower its age of consent to just 16. According to a report by the Age of Consent Age.org, the last state to formally set a legal age of consent was Florida in 2007. Even some states that have traditionally set their minimum ages of consent at 18 have lowered theirs to 16.
Setting minimum ages of consent has become a trend over the past several decades. Over the last 30 years, minimum ages of consent have fallen from 18 to age 17 in Alabama, South Dakota and Louisiana. That’s down to 16 in New York and Texas and down to 12 in Arkansas and Delaware. Still other states do not have minimum ages of consent.
Twenty-five states have minimum ages of consent set at 16. Thirteen states have minimum ages set at 17 and only one has a minimum age of 18. Some states, including North Carolina, only have minimum ages set for males, while others have only set them for females. All states have minimum ages set for at least one gender.
The concept of minimum ages of consent was originally developed as a way to control teenage pregnancy. Teenage pregnancies peaked at an all-time high in the 1970s and 1980s, due in part to minutes ages of consent . Many states now have much lower teenage pregnancy rates, while others have not seen a significant decline. With minimum ages of consent continuing to fall across the nation, states with lowest minimum ages of consent are still seeing the highest levels of teenage pregnancy.
While lowering the minimum age of consent might suggest that the number of teenage pregnancies overall would fall, that has not been the case. Instead, this would indicate that the legal system is taking a more selective approach to prosecutions involving underage sexual contact. While teenage pregnancies are still a problem throughout the country, legislators are attempting to ease the burden on the court system as well as on sexual offenders by lowering the minimum ages of consent, contributing to a larger pool of eligible partners.
Because the minimum ages of consent are so closely related to teenage pregnancy rates, they could help provide some insight into why those rates could be on the rise. Though it’s important to remember that there are many other factors that could come into play, the ability of teens to legally become sexual partners could be contributing to a higher number of teen pregnancies.
Legal Resources and Support
There are many legal resources in North Carolina available to those seeking advice and guidance on the age of consent laws. Legal Aid of North Carolina serves low-income people in civil matters (including family law matters) in all 100 of North Carolina’s counties. A main office in Greensboro is supported by eight regional offices and a statewide network of 24 domestic violence shelters and downtown legal clinics. The organization’s goal is "to secure justice and prevent homelessness and abuse".
Bindersfullofhelp.org provides information about general legal education, estate planning documents, guardianships, landlord-tenant, consumer, and family law issues. The website, maintained by Wake Forest University School of Law’s Public Engagement 100 needs volunteers to assist constituents. The 100 volunteers learn about these "important areas of law" and work with clients to determine their needs.
The Criminal Law Section of the North Carolina Bar Association is "a group of lawyers committed to improving the practice of criminal law in North Carolina". Among other things, the organization seeks to "protect individual rights through the fair administration of the criminal law, improve the practice environment for the bar and preserve our freedom to practice law within a climate of civility and professional courtesy". The Section also produces CLE (continuing legal education) materials for lawyers and non-lawyers.
The North Carolina Coalition Against Domestic Violence operates a 24-hour statewide hotline through HomeBase Youth Services, a federal anti-human trafficking project, and the Domestic Violence Network for Survivors of Human Trafficking. Previous resources from the Coalition include the publication "Legal Rights of Sexually Exploited Minors", which is "an overview of the laws relevant to sexually exploited minors in the state of North Carolina."
Case Examples and Practical Applications
The age of consent laws in North Carolina have been tested in a number of notable cases and these can illuminate the complexities and unexpected consequences arising from these statutes. For instance, in State v. Moore, 360 N.C. 22 (2005), the North Carolina Supreme Court addressed the issue of spousal consent and the age of consent laws. The court held that there is no spousal consent defense in North Carolina statutory rape cases. This means that even if a person was married to a minor (by definition, as the age of consent in North Carolina is 16), they could still be charged with statutory rape.
Another interesting case is State v. Perry, 83 N.C. App. 552 (1986). In this case, the defendant was charged with statutory rape against a 15-year-old. The defendant’s key defense was that they thought the victim was over the age of consent. The court ruled that the defendant’s belief about the victim’s age was not a defense to the charge of statutory rape. This case highlights that in North Carolina the accused’s knowledge or reasonable belief of the victim’s age is not relevant to the age of consent laws .
A real-world application of the age of consent law is evident from the case of State v. Johnson, 161 N.C. App. 51 (2003). The defendant, a 21-year-old teacher, was charged with statutory rape for having a sexual relationship with a 14-year-old student. Despite arguments that the relationship was consensual and that the students were acting upon their "better judgment," the court held that the defendant was guilty. The case illustrates that age of consent laws are strict and can result in severe penalties even if the relationship seems consensual by both parties.
From these cases, we can see various applications of the age of consent laws in North Carolina. It is important to understand that when it comes to criminal cases, the law can be somewhat unpredictable. Even with well-established precedents, the outcome of a case may depend on a number of factors including the evidence and the judge interpreting the statute. For anyone facing a legal case related to age of consent laws in North Carolina, it is critical to seek experienced legal counsel.