Forcible Sexual Offenses

Consent is one of the essential elements of a lawful sexual encounter. Thus, if a person engages in a sexual act with another party without the party’s permission, it can result in accusations of a forcible sex crime. Any conviction for an offense of a sexual nature can permanently alter a person’s rights and standing in the community, so anyone charged with a crime arising out of a sex act should set forth an aggressive defense. If you are accused of any forcible sexual offenses, the Charlotte and Concord sex crime lawyers at the Olsinski Law Firm can assist you in seeking a favorable result.

There are multiple behaviors that fall under the umbrella of forcible sexual offenses in North Carolina. Notably, forcible sexual offenses differ from rape in that they do not involve vaginal intercourse. Instead, forcible sexual offense charges arise out of sexual acts, which are defined as anal intercourse, analingus, fellatio, and cunnilingus. Sexual acts also include penetration into a person’s genitals or anus with any object, outside of penetration for valid medical purposes.

Forcible sexual offenses are categorized as either first-degree or second-degree crimes. It is a first-degree offense for a person to engage in a sex act with another person against the person’s will by using force, if one of the additional enumerated factors is present. Specifically, if while engaging in the act, the defendant inflicts a serious bodily injury on the victim or someone else, is assisted by another person, or displays, uses, or threatens to use a dangerous or deadly weapon or something that the victim believes to be a dangerous or deadly weapon, it constitutes a first-degree forcible sexual offense. First-degree forcible sexual offenses are class B1 felonies, which can result in a penalty of up to life in prison without parole.

A person will be found guilty of committing a second-degree forcible sexual offense for engaging in a sexual act by force and without the consent of the other person. It is also considered a second-degree forcible sexual offense to engage in a sex act with a person who suffers from a mental disability, physical helplessness, or mental incapacity if the party performing the act knows or reasonably should know of the person’s disability or incapacity. A second-degree forcible sexual offense is a class C felony, which means that it can result in a prison term of up to 182 months. Both first-degree and second-degree forcible sexual offense convictions may result in the requirement that the defendant register as a sex offender.

The defenses that people charged with forcible sexual offenses may be able to offer will vary depending on the facts of the case. Typically, though, any evidence of the crime will be circumstantial, and there will not be any witnesses to the alleged act. Thus, the defendant may be able to argue that the prosecution cannot prove that any crime was committed, and therefore he or she should be found innocent. Additionally, in many cases, the defendant might be able to establish that while a sexual act occurred, it was with the alleged victim’s consent, so it did not constitute a crime.

Being found guilty of a forcible sexual offense can harm every aspect of a person’s life. If you are faced with accusations that you engaged in a forcible sex act in violation of the law, it is advisable to speak to an attorney regarding your charges. Our criminal defense lawyers are well-versed in what it takes to obtain successful results in sex crime cases, and we will work tirelessly to help you pursue the best outcome available under the facts of your case. We frequently assist people charged with sex crimes in Charlotte and Concord and elsewhere in Mecklenburg and Cabarrus Counties, including people in Huntersville, Davidson, Matthews, Cornelius, Midland, Pineville, Mint Hill, Harrisburg, Kannapolis, and Mount Pleasant. We can be reached via the online form or by calling us at our office in Charlotte at 704-405-2580 or at our office in Concord at 704-918-4747 to schedule a meeting.