2nd Degree Forcible Rape

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All sex crimes are serious, but second-degree forcible rape is one of the most serious. Under North Carolina law, it is second only to first-degree rape. If you have been charged with second-degree rape, you need the assistance of a forcible rape lawyer.

Hiltzheimer North Carolina 2nd Degree Forcible Rape Lawyer

North Carolina imposes serious penalties on sex offenders, and a strong defense is essential. At Hiltzheimer Law Office, we understand that the stigma of sex crime charges can seriously disrupt your personal relationships, career, and future.

Get in touch with us to schedule a consultation with North Carolina’s second-degree forcible rape lawyer.

What Is 2nd Degree Forcible Rape NCGS § 14‑27.22?Subtitle

In the North Carolina statutes, 2nd-degree forcible rape NCGS § 14-27.22 is defined as engaging in vaginal intercourse with another person in one of the following manners:

By force
Against the will of the other person
When the person is unable to consent due to being mentally incapacitated, physically helpless, or having a mental disability

In this latter category, in order to meet the criteria for second-degree rape, the prosecution must prove that the defendant knew (or reasonably should have known) of the victim’s inability to consent.

Notably, the law also specifies that if a child is conceived as a result of the rape, the defendant has no custody rights or parental rights over that child.

If you are convicted of second-degree rape, you will be guilty of a class C felony.

Penalties for a Class C Felony Conviction

For felony convictions other than class A felonies, North Carolina has a complex sentencing process. The court will take into account your prior criminal history, the circumstances of your case, and other factors. For a class C felony, you may spend anywhere from 44 months to 182 months in prison.

Building a Strong Defense

While a rape defense attorney may offer evidence suggesting you didn’t commit the crime, remember that you do not have to prove your innocence to win the case. The state has the burden of proving beyond a reasonable doubt that you committed the crime, which is very different than you having to prove your innocence. If your defense attorney can persuade a jury that there is reason to doubt the evidence, then the jury wil be instructed that they must find you not guilty.

These are some common defenses to 2nd-degree forcible rape charges in North Carolina:

The other person consented to the sexual act
You were not present or otherwise could not have committed the crime
The allegations are a complete fabrication

Once your attorney has gotten to know you and your case, they can create a defense specifically for your circumstances.

Understanding the Legal Process for a 2nd Degree Forcible Rape Charge

If you are arrested for second-degree rape, the legal process proceeds as follows:

The police file charges against your and an arrest warrant is issued
The case is presented to a grand jury, and an indictment is returned
Your case moves from District Court to Superior Court
Your attorney obtains complete discovery in your case
Your attorney engages in a process of negotiations with the District Attorney
You will either accept a negotiated plea agreement with the assistance of your attorney, or reject any plea offer and schedule the case for trial by jury

Second-degree forcible rape lawyers in North Carolina can help you decide whether it’s best to accept a negotiated plea deal or go to trial. If the evidence against you is overwhelming, a carefully negotiated guilty plea can lead to less significantly reduced consequences.

Frequently Asked Questions

Both of these crimes involve forcibly engaging in vaginal intercourse with a person against their will. However, most first-degree rape cases involve aggravating factors like kidnapping, restraint, or use of a deadly weapon.

Second-degree rape involves the use of force, or a victim who is physically helpless or mentally incapacitated, but without the other aggravating factors that would result in a first-degree rape charge.

Yes. Because 2nd-degree rape is a sexually violent offense, you must register as a sex offender if you are convicted. That’s why it’s important to work with a forcible rape lawyer in North Carolina.

Yes. Often, these cases are handled in juvenile court. However, if the circumstances of the case are especially aggravated or the offender is almost an adult, the law allows a judge to move the case to adult court.