The #MeToo movement has been a welcome corrective to a society that for too long has ignored substantiated accusations of sexual misconduct. Whether in the workplace or in the personal realm, sexual assault – including harassment, abuse, battery, and rape – should never be tolerated. But, at the same time, in our rush to correct…Read More
Sex offenses, whether they involve accusations of sexual conduct with a child or with an adult, are the most frightening of all charges, in part because they involve the notorious sex offender registry. I address the issue of child pornography separately, which also involves possible registration as a sex offender. The accusation of rape is…Read More
North Carolina, like all states, has a sex offender registry. Registration is mandatory if convicted of certain offenses, including misdemeanor sexual battery, indecent liberties with a child, and violent rapes. For less serious felonies and non-violent sex offenses, the minimum term of registration is 10 years. The North Carolina sex offender registry imposes certain requirements,…Read More
A sex offense conviction – whether after a full jury trial or after a guilty plea – will have life-long consequences that go beyond a normal conviction. It is crucial that you understand all of those consequences before deciding how to resolve a sex offense or rape charge, and that you consult your Raleigh criminal…Read More
One of the questions I sometimes am asked is under what circumstances one must report sex abuse to authorities. This question has become much more common in light of the recent conviction of former Penn State football coach Jerry Sandusky on more than forty counts of sexual assault of minors. The scandal has made the…Read More
Exploitation. An ugly word, particularly when the word “Sexual” precedes it. Sexual Exploitation of a Minor is defined in Article 26 of Chapter 14 of the North Carolina General Statutes, and includes three degrees – or three levels – of punishment. Let’s be clear. The Sexual Exploitation of a Child is never acceptable. The problem,…Read More
Sex offenses – rapes, sexual assaults, sexual battery, indecent liberties with a child, peeping – are some of the most difficult offenses for a criminal lawyer to handle. That’s because, in addition to the significant emotional issues at stake, our society has determined that punishing such defendants and protecting the rest of society from them…Read More
Sometimes I’m contacted by a person who believes he is about to be accused of a rape Raleigh or sex offense Raleigh. Other times, I’m called after the person has already been arrested on a first degree rape or second degree rape charge or sex offense charge in Raleigh. At that point, the person has…Read More
First Degree Rape is punishable as a B1 felony. In 2009, North Carolina passed a mandatory minimum of 25 years for this crime.
First Degree Rape depends on the use of force or threat of force, or on the age difference between the victim and the defendant.
Note that just because there wasn’t full […]
Investigative reporter Radley Balko writes about Bernard Baran, a man convicted in the 1980s of child molestation charges. In 2006 he was released on bond after an appeals court ruled that his trial attorney had been incompetent and that the prosecution withheld exculpatory evidence. The problem with child molestation charges is that they’re difficult to…Read More