Raleigh Rape Defense Lawyer
Serving Wake County & Beyond

Charged With Rape in Raleigh?

Rape charges are among the most serious under North Carolina law and carry life-altering consequences. Schedule a confidential consultation with an experienced Raleigh defense attorney to begin building your defense.

• Work directly with a Raleigh criminal defense lawyer
• Defense for rape and other serious sexual offense charges
• Protecting clients in Raleigh and throughout Wake County

Take the first step. Click below to schedule your consultation today.

START CASE EVALUATION

When you’re facing a rape charge, the case often starts long before you know you’re under investigation. By the time police knock on your door, they believe they already have what they need to convict. At Dement Askew Johnson & Marshall, we step in fast to expose weaknesses in their case, fight for your rights, and push back against a system that won’t wait for the truth to surface.

Don’t wait another day. The decisions you make right now will determine your future.

North Carolina Rape and Sexual Offense Laws

North Carolina’s sexual assault laws are complex and carry some of the harshest penalties in the criminal justice system. Understanding the specific charges against you is critical to mounting an effective defense.

First-Degree Forcible Rape (N.C.G.S. § 14-27.21)

Under North Carolina law, first-degree forcible rape occurs when a person engages in vaginal intercourse with another person by force and against the will of the other person, and any of the following circumstances exist:

• Uses, threatens to use, or displays a dangerous or deadly weapon
• Inflicts serious personal injury upon the victim or another person
• Is aided and abetted by one or more other persons

First-degree forcible rape is a Class B1 felony, punishable by up to life imprisonment without parole.

Second-Degree Forcible Rape (N.C.G.S. § 14-27.22)

Second-degree forcible rape occurs when a person engages in vaginal intercourse:

• By force and against the will of the other person, or
• With a person who has a mental disability or who is mentally incapacitated or physically helpless, and the defendant knows or should reasonably know of this condition

Second-degree forcible rape is a Class C felony, punishable by up to 231 months (19.25 years) in prison.

Statutory Rape (N.C.G.S. § 14-27.23, § 14-27.24, § 14-27.25)

North Carolina law establishes several categories of statutory rape:

• Statutory rape of a child by an adult (§ 14-27.23): When a person 18 or older engages in vaginal intercourse with a child under 13. This is a Class B1 felony with a mandatory minimum sentence of 300 months (25 years).
• First-degree statutory rape (§ 14-27.24): When a person engages in vaginal intercourse with a child under 13 and the defendant is at least 12 years old and at least 4 years older than the victim. This is a Class B1 felony.
• Statutory rape of a person 15 years of age or younger (§ 14-27.25):
  • Class B1 felony if the defendant is at least 12 years old and at least 6 years older than the victim
  • Class C felony if the defendant is at least 12 years old and more than 4 but less than 6 years older than the victim

Sexual Offense Charges (N.C.G.S. § 14-27.26 – § 14-27.33)

North Carolina also criminalizes “sexual offenses,” which involve sexual acts other than vaginal intercourse (including oral sex, anal sex, or object penetration). These offenses parallel the rape statutes in terms of degrees and penalties:

• First-Degree Forcible Sexual Offense (§ 14-27.26): Class B1 felony
• Second-Degree Forcible Sexual Offense (§ 14-27.27): Class C felony
• Statutory Sexual Offense with a Child by an Adult (§ 14-27.28): Class B1 felony with mandatory minimum 300 months
• First-Degree Statutory Sexual Offense (§ 14-27.29): Class B1 felony
• Statutory Sexual Offense with a Person 15 or Younger (§ 14-27.30): Class B1 or C felony
• Sexual Battery (§ 14-27.33): Class A1 misdemeanor

Penalties and Collateral Consequences of a Sex Crime Conviction

The direct criminal penalties for sex crimes in North Carolina are severe, but the collateral consequences can be equally devastating:

Criminal Penalties

• Class B1 Felonies: 144 months (12 years) to life without parole
• Class C Felonies: 44 to 182 months (3.7 to 15.2 years)
• Class A1 Misdemeanors: Up to 150 days in jail

Mandatory Sex Offender Registration

A conviction for virtually any sexual offense in North Carolina requires registration as a sex offender, typically for a minimum of 30 years. This registration:

• Makes your name, photo, address, and conviction information publicly available online
• Restricts where you can live (no closer than 1,000 feet from schools or childcare centers)
• Restricts where you can work
• Limits your access to certain public places like parks and recreation areas
• Requires regular in-person verification with the sheriff
• Creates travel restrictions and notification requirements

Additional Consequences

• Loss of professional licenses in fields like healthcare, education, law, and finance
• Barriers to housing as many landlords screen for sex offenses
• Employment discrimination, both legal and illegal
• Custody and visitation restrictions with your own children
• Immigration consequences, including deportation for non-citizens
• Lifetime restrictions on internet access and computer use in many cases
• Social stigma that affects every aspect of your personal and professional life

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Effective Defense Strategies for Rape and Sexual Assault Allegations

At DeMent Askew Johnson & Marshall, we develop custom defense strategies based on the unique facts of each case:

Constitutional and Procedural Challenges

• Fourth Amendment violations: Challenging illegally obtained evidence, improper searches, or warrant deficiencies
• Fifth Amendment violations: Contesting coerced statements or Miranda rights violations
• Sixth Amendment issues: Addressing confrontation clause concerns or ineffective assistance by previous counsel
• Procedural errors: Identifying charging defects, statute of limitations issues, or jurisdictional problems

Consent Defense

In adult cases where the sexual activity occurred but was consensual:

• Gathering evidence of communications before and after the alleged incident
• Identifying witness testimony that supports consensual interaction
• Challenging the prosecution’s timeline and narrative
• Presenting evidence of the nature of the relationship between parties

False Accusation Defense

When allegations are fabricated or mistaken:

• Investigating motives for false allegations (custody disputes, revenge, regret, attention)
• Establishing alibis or physical impossibility
• Documenting inconsistencies in the accuser’s statements over time
• Identifying witness testimony that contradicts key allegations

Mistaken Identity Defense

When you are wrongfully identified as the perpetrator:

• Challenging eyewitness identification procedures
• Presenting alibi evidence
• Contesting forensic evidence through expert testimony
• Investigating alternative suspects

Mental State/Capacity Defenses

• Challenging the prosecution’s evidence regarding your knowledge of the alleged victim’s incapacity
• Presenting evidence of the alleged victim’s apparent capacity at the time
• Addressing issues of mutual intoxication when relevant

The DeMent Askew Johnson & Marshall Advantage in Sex Crime Defense

When you choose our firm to defend against rape or sexual assault charges, you benefit from:

• 75+ years of combined criminal defense experience
• Former prosecutors who understand how the state builds these cases
• Deep relationships within the Raleigh and North Carolina court systems
• Access to top expert witnesses in medicine, psychology, and forensic science
• Comprehensive approach that addresses both criminal and collateral consequences
• Discreet and confidential representation that protects your privacy
• 24/7 accessibility during this critical time in your life

We don’t just defend cases—we defend people, reputations, careers, and futures.

Wake County Courthouse

Handles civil and criminal matters in Wake County

• Address: 300 S Salisbury St, Raleigh, NC 27601
• Hours: M-F 8:30 A.M.-5 P.M.
• Phone:(919) 792-4000

What to Do Right Now If You’re Facing Sex Crime Charges

If you’ve been accused of or charged with rape or sexual assault in Raleigh or anywhere in North Carolina, time is critical. Here’s what you need to do immediately:

1. Exercise your right to remain silent. Do not discuss the allegations with anyone other than your attorney—not friends, family, or especially law enforcement.
2. Do not contact the accuser under any circumstances, even if they contact you first.
3. Preserve all evidence that might help your case, including text messages, emails, social media communications, and evidence of your whereabouts during the alleged incident.
4. Contact our office immediately for a confidential case evaluation.

The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention can sometimes prevent charges from being filed or lead to reduced charges before they permanently impact your record.

Don’t Face These Charges Alone — Contact Our Raleigh Sex Crimes Defense Lawyers Today

At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing rape or sexual assault charges. Your freedom. Your reputation. Your career. Your family. Your future.

Our team of experienced criminal defense attorneys is ready to stand between you and the severe consequences of a sex crime conviction.

The consultation is completely confidential.

Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle sex crime charges—let us help you protect everything that matters.

Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.

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