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Sexual assault of any kind is wrong and is considered a crime. In North Carolina sexual assault and sexual assault on a female are two separate crimes with various differences. Here is what you should know about the crime of sexual assault on a female in North Carolina.
Sexual Assault
In North Carolina, sexual assault consists of one person subjecting another to offensive or unwanted sexual acts. These acts can be anything from groping someone to forced penetration or rape.
Rape
First Degree rape involves forced vaginal intercourse without consent but with the presence of a weapon. Second Degree rape involves forced vaginal intercourse without consent or with the victim known to be incapacitated in some manner.
Other Sexual Offenses
First Degree sexual offense consists of sexual acts not involving vaginal intercourse but done without consent and in the presence of a weapon. Second Degree sexual offense consists of sexual acts perpetrated using force and without consent or with a victim known to be incapacitated in some manner.
The abovementioned crimes are all felonies, with first-degree rape and first-degree sexual offenses considered Class B1 and are punishable with a minimum of 12 years imprisonment. Second-degree rape or other sexual offense are considered Class C and are punishable by between 44 months and 15 years in prison.
Assault on a Female in North Carolina
Assault on a female occurs when a male over the age of 18 commits battery, affray, or assault against a female.
Battery occurs when someone makes physical contact with another person, intentionally touching them or causing offense without their consent.
Affray occurs when a fight between two people in a public place causes other people to be fearful.
Assault occurs when someone intentionally tries to harm someone else through violence or the threat of bodily harm.
Sexual assault on a female is considered a Class A 1 misdemeanor and is punishable by up to 150 days in jail, community service, or probation.
Sexual Assault vs. Assault on a Female
While they may sound like the same thing, sexual assault and sexual assault on a female are two very different crimes with major differences – and not just because one requires the victim to be female. While rape and sexual assault consist of unwanted sexual contact, assault on a female does not include sexual contact. Additionally, rape and sexual assault are felonies, while assault on a female is considered a misdemeanor (the most serious in the state).
Our Attorney at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Crime
If you have been charged with a crime, you have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf.
At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this order. To learn more or to schedule a free consultation, contact us today!