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My daughter is 14 and said that an 18 year old boy raped…

Customer Question
My daughter is 14...

My daughter is 14 and said that an 18 year old boy raped her. This 18 year old boy also gave her alcohol now he says that the sex was consensual what can I do and what charges can he face

Lawyer's Assistant: Family law varies by state. What state are you in?

North Carolina

Lawyer's Assistant: Have you talked to a lawyer yet?

No only the police they said they are handling it along with the DA. Do I need a lawyer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time...just that she had been drinking

Submitted: 10 months ago.Category: Family Law
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9/21/2017
Family Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,556
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Family Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago

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ANSWER: In NC, a defendant is guilty of the crime of "Statutory rape or sexual offense of a person who is 13-15 years old" (a Class C felony) if he engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person.

There is nothing to prove other than that he is more than 4 years older (can't be 4 years or less of an age difference, due to the "close-in-age" exemption) and that vaginal sex happened. Consent is not an element of the law because according to NC statues, a child under the age of 16 (i.e., your daughter) is unable to form consent.

If this does not meet those requirements, then a criminal charge for rape will have to be filed, and there would be a criminal trial if the DA files charges. Consent would then be an issue.

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Family Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Do you need more help? Please respond so that I know what to do next.

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