The legal, personal, and social consequences of a rape conviction are some of the most serious in the criminal justice system. If you’re found guilty, rape convictions often lead to years in prison, mandatory sex offender registration, and permanent damage to your relationships and reputation.
Hancock Law Firm, PLLC doesn’t just handle cases—we fight to protect your rights and get the best outcome possible. If you or someone you care about is facing a rape charge in Carteret County, you need a defense attorney who will move quickly to challenge the prosecution’s case and build the strongest possible defense.
With deep local roots and extensive criminal trial experience, Joel Hancock is ready to stand between you and the full force of the state. Call our firm today for a confidential consultation.
North Carolina’s Rape Laws and Penalties
Understanding North Carolina’s rape statutes—and the penalties you may face if convicted—can help you understand what you’re up against. Hancock Law Firm, PLLC handles the full range of rape charges, including:
First-Degree Forcible Rape
First-degree forcible rape is the most serious form of rape under North Carolina law. You may be charged with this offense if you engage in vaginal intercourse with another person by force and against the other person’s will, and any of the following aggravating factors are present:
- The use or display of a dangerous or deadly weapon;
- Infliction of serious personal injury on the victim or another person; or
- The assistance of one or more other individuals in the commission of the act.
First-degree forcible rape is a Class B1 felony. These felonies carry a mandatory active prison sentence. Depending on the circumstances and your prior criminal history, the punishment can range from 144 months to life imprisonment without parole. You will also be required to register as a sex offender.
Second-Degree Forcible Rape
Second-degree forcible rape applies to forcible vaginal intercourse, against the will of the victim, but without the aggravating factors present in first-degree cases. For example, no weapon is used, and no serious injury is inflicted. This statute also applies to vaginal intercourse with someone who has a mental disability or impairment or physical incapacity—even if no force is involved. As long as you knew or should have known of these conditions, you can be charged with second-degree forcible rape.
Second-degree forcible rape is a Class C felony, which carries a presumptive sentence of 44 to 182 months in prison. Like first-degree forcible rape, convicted offenders are required to register as a sex offender.
Statutory Rape
Statutory rape charges arise when the law considers one party incapable of giving legal consent due to their age, regardless of whether force or coercion was involved. In North Carolina, statutory rape happens when “the person is at least 18 years of age and engages in vaginal intercourse with a victim who is a child under the age of 13 years.”
Statutory rape is classified as a Class B1 felony. It has the same severe penalties as first-degree forcible rape: up to life in prison and mandatory sex offender registration.
North Carolina rape convictions also have collateral consequences that can affect nearly every aspect of your life. You may face permanent damage to your reputation, job loss, restrictions on housing, where you can travel, and loss of parental rights or custody. If you hold professional licenses, you may lose those, too.
These long-term effects can continue long after any prison time is served. You must take any rape charge seriously and seek experienced legal representation as early as possible. Hancock Law Firm, PLLC, is ready to step up and build a custom defense based on your unique circumstances.
Common Defenses to Rape Charges
With so much at stake, anyone facing rape charges needs a strong, tailored defense. Our firm will thoroughly evaluate the facts, analyze the available evidence, and review all law enforcement procedures to identify strong defense strategies.
Some of the most common defenses in rape cases include:
- Consent: Consent can invalidate a rape charge. The prosecution bears the burden of proving beyond a reasonable doubt that the alleged victim did not consent to the sex. This defense often relies on communications, witness accounts, prior relationships, or inconsistencies in the accuser’s statements.
- Mistaken identity: In some cases, the alleged victim may have misidentified the perpetrator. Eyewitness identification can be unreliable, especially under stress or poor lighting. We challenge questionable identifications. Whenever possible, we will use DNA evidence, phone records, or surveillance footage to prove our client was not the offender.
- False allegations: While rare, false accusations do occur. They are sometimes motivated by personal conflict, revenge, or fear of consequences. Our firm will investigate the accuser’s background, possible motives, and prior inconsistent statements to uncover the truth and expose potential fabrications.
- Insufficient evidence: Many rape cases rely heavily on witness testimony without physical evidence. When the prosecution’s case lacks corroboration or hinges on weak or contradictory evidence, pre-trial motions and aggressive cross-examination can help establish reasonable doubt.
Why Choose Hancock Law Firm, PLLC?
When you’re facing a rape charge in Carteret County, you need more than legal knowledge. You need a defense attorney who understands the local courts and is prepared to fight relentlessly to protect your rights. Hancock Law Firm, PLLC, has extensive experience defending against serious allegations in North Carolina. Attorney Joel Hancock provides strategic, aggressive representation to protect your rights and your future.
Because Joel Hancock was born and raised on Harkers Island and has spent his career practicing in Carteret County, he knows how local prosecutors and judges handle these cases—and how to tailor a defense strategy that works. No matter the circumstances, you can count on honest advice and zealous advocacy throughout your case.
Discuss Your Case with an Experienced North Carolina Criminal Defense Attorney
If you’ve been accused of rape, you don’t have to face the legal system alone. Call Hancock Law Firm, PLLC, for a confidential, free consultation today, and find out how we can start building your defense.