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I have a friend that had sex with a 16 year old. he was 23

when it happened. can he...
i have a friend that had sex with a 16 year old. he was 23 when it happened. can he hire a lawyer
JA: What state are you in? It matters because laws vary by location.
Customer: north carolina
JA: Has anything been filed or reported?
Customer: nothing has been filed but they are threathening him
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8/14/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,101
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. How long ago was this, do you know?

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Customer reply replied 4 months ago
not that long ago she just turn 17 last month

Okay, thank you.

Luckily for your friend, this is not a criminal act.

Statutory rape is defined by N.C.G.S. §14-27.7A as engaging in intercourse or another sexual act with someone who is 13, 14, or 15 years of age, and the two parties are not legally married. If the defendant is at least six years older than the victim, the offense is sentenced as a Class B1 felony. If the defendant is more than four years older than the victim, but less than six years older, then the offense is punishable as a Class C felony.

The age of consent in North Carolina is sixteen years. Under N.C. law, any individual under the age of sixteen is considered unable to consent to sexual intercourse. Thus, consent is not considered a defense to statutory rape because minors aged fifteen and under cannot by law consent to sex.

Therefore, as long as the sex was voluntary, it generally is not a criminal act, no matter how upset her parents/guardians are, and he cannot be charged with a crime. There are some limited exceptions -if he was in a position of authority over her (e.g., her teacher or counselor, for example) then the age of consent law doesn't apply.

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Customer reply replied 4 months ago
he can not go to jail for this?

No, he cannot even be arrested for it. So long as the limited exceptions above I noted don't apply to him and she voluntarily consented, it's not a crime in North Carolina.

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Customer reply replied 4 months ago
hes 8 years older than her. that doesnt matter?

Nope, he could be 40 years older than her. Once she's 16, if she voluntarily consents, it is legal, regardless of age difference.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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