Sexual Assault is a violent crime that can affect every aspect of your life. An important thing to know is that it is not your fault and there is always help!
VICTIM’S RIGHTS
- Department of Justice states that a victim has the following rights:
- The right to be treated with fairness and with respect for the victim’s dignity and privacy.
- The right to be reasonably protected from the accused offender.
- The right to be notified of court proceedings.
- The right to be present at all court proceedings related to the offensive, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at trial.
- The right to confer with the attorney for the government in the case.
- The right to restitution.
- The right to information about the conviction, sentencing, imprisonment, and release of the offender.
- Other rights a victim is entitled to are:
- A right to have the support of a friend, spouse, or crisis counselor during all court proceedings.
- A right to receive help with court preparation.
- A right to privacy. You do not have to talk to the defendant’s attorney, or anyone else involved with the defense.
SEXUAL ASSAULT
Sexual Assault is an act of power and control, in which the victim is humiliated, degraded and left with feelings of shame, guilt and anger. Very simply put, if you are forced against your will to have sex with someone, that is sexual assault.
First Degree Rape [NCGS 14-27.2(2), Class B1 felony] (SOR)
Vaginal Intercourse by force and without consent, and proof of at least one of the following: (a) use or display of a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous weapon, (b) infliction of serious personal injury on the victim or another; or (c) commission of the rape aided and abetted by others.
2nd Degree Rape [NCGS 14-27.3(a), Class C felony] (SOR)
Vaginal intercourse by force and without consent [note: no injury required].
First Degree Sexual Offense [NCGS 14-27.4(a)(2), Class B1 felony] (SOR)
Sexual acts (not vaginal intercourse) by force without consent and proof of at least one of the following: (a) use or display of a weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon, (b) infliction of serious injury, or (c) commission of the sexual offense aided or abetted by others.
Second Degree Sexual Offense [NCGS 14-27.5, Class C felony] (SOR)
Sexual acts (not vaginal intercourse) by force and without consent [note: no injury required].
Sexual Battery [NCGS 14-27.5(A) (a) (1), Class A1 misdemeanor] (i.e., “forced fondling”) (SOR)
Sexual Contact (a) by force and without consent [note: no injury required].
Sexual Servitude (adult victims) [NCGS 14-43.13, Class F felony] (SOR)
Knowingly subjects or maintains a person age 18 older in sexual servitude.
Many victims do not understand statutory rape as a crime because it involves consensual sex between a child and an adult. Consent is not the crime, the age difference and manipulation of the perpetrator is the crime.
Statutory Rape by 13,14,15 year old [NCGS 14-27.7A]
Vaginal intercourse or sexual act with 13,14 or 15 year old by defendant 5 years older than the victim (Class C felony): or with 13,14 or 15 year old by defendant at least 6 years older than the victim (Class B1 felony) (SOR)
Indecent Liberties with a child (adult perpetrator) [NCGS 14-202.1, Class F felony](SOR)
Willfully taking any immoral, improper, or indecent liberties with a child under age 16, by a defendant at least 16 years of age and at least 5 years older than the victim, for the purpose of arousing or gratifying sexual desire; or willfully committing any lewd or lascivious act on any part of the child’s body.
How to report a statutory rape
Contact Department of Social Services (DSS). DSS will investigate to determine if the child is safe. The case is then forwarded to DA’s office to initiate an investigation. Law enforcement investigates to determine if there is enough information to obtain a warrant.
CIVIL NO CONTACT ORDER (50C)
The 50C protective order seeks to protect victims of sexual assault, stalking, and other forms of harassment. No relationship between the victim and the perpetrator is required. However, if the relationship between the victim and perpetrator is within the relationship outlined in a 50B domestic violence order, then the victim may not apply for a 50C order and may only apply for 50B.
Relationship Not eligible for a 50C:
- Current or former spouses
- Persons of the opposite sex who are not married but live together or have lived together.
- Have a child in common.
- Parent and child or grandparent and grandchild
- Current or former household members
- Persons of the opposite sex who are in or have been in a dating relationship
Relationships eligible for a 50C:
- Stranger and acquaintance violence
- More distant relatives that do not live in the home (uncle, cousins)
- Dating relationships that are less ‘serious’ or not long term
- Same sex dating partners that do not live in the home
- Workplace and school violence (employers, employees, teachers).
Where do victims obtain a 50C order?
Advocates can assist with the paperwork needed for a 50C. Victims complete and submit the forms to the Civil Clerk of Court.
The same day, the clerk presents the forms to a district court judge who must verify the complaint in order to issue a temporary no-contact order, which is valid for up to 10 days.
A hearing date is set for 10 days and service of process to the defendant is provided by the Sheriff’s Department.
At the hearing
The defendant and the victim will present their evidence and witnesses to the court, and the judge will then grant or deny the 50 order.
Victims need to keep a copy of the Civil No Contact Order with them at ALL times.
REPORTING A SEXUAL ASSAULT
Reporting the sexual assault allows you to have a voice; to say that a crime was committed against you. There are three ways to report a rape:
Third Party Anonymous Rape Reports: This is an anonymous form that does not identify you. It informs law enforcement that a sexual assault occurred and statistical information regarding the assault. Law enforcement does not investigate the assault.
Jane Doe SBI Kits: You can go to the hospital for an examination and even collect evidence. If you request no law enforcement the evidence is held in a secure location if you change your mind at a later date and want to report to law enforcement.
Reporting to Law Enforcement: This informs law enforcement that a rape occurred. Law enforcement will investigate the assault; however, you can sign a waiver stating that you do not want to prosecute this crime.
Reporting to Law Enforcement with a request to prosecute: Law enforcement will investigate the assault and work with the District Attorney’s Office in an effort to prosecute this crime.
Did you know?
Rape is the least reported and convicted violent crime in the U.S.