Consent Laws
North Carolina

North Carolina does not specifically define “consent.” The concept of “force” is used in the statute, but this term is also not defined.

“Against the will of the other person” is defined as either: (a) without consent of the other person; or (b) after consent is revoked by the other person, in a manner that would cause a reasonable person to believe consent is revoked. North Carolina General Statutes Annotated §14-27.20(1a).

A threat of serious bodily harm which reasonably places fear in a person's mind is sufficient to demonstrate the use of force and the lack of consent. State v. Morrison, 94 N.C. App. 517, 522, 380 S.E.2d 608, 611 (1989)

Additionally, submission, including submission due to fear, fright, coercion or realization that in the particular situation resistance is futile is not consent. State v. Ricks, 34 N.C. App. 734, 735, 239 S.E.2d 602, 603 (1977); see also State v. Keane, 235 N.C. App. 656, 7 (2014) (“Consent induced by violence or fear of violence is not effective to preclude a rape conviction.”).

A child under the age of 12 is presumed incapable of consent. See State v. Summit, 45 N.C. App. 481 (1980).

No.

16 years old. North Carolina General Statutes Annotated §14-27.25; §14-27.30.

Yes, a minor may consent to having sex with someone who is no more than four years older than the minor. North Carolina General Statutes Annotated §14-27.25.

No.

Yes, it is a crime to engage in sexual activity with a person who has a mental disability or who is mentally incapacitated when the person performing the act knows or should have reasonably known the other person has a mental disability or is mentally incapacitated. North Carolina General Statutes Annotated §14-27.22; §14-27.27; §14-27.33.

“Person who has a mental disability” means a victim who has an intellectual disability or a mental disorder that temporarily or permanently renders the victim substantially incapable of appraising the nature of his or her conduct, or of resisting the act of vaginal intercourse or a sexual act, or of communicating unwillingness to submit to the act of vaginal intercourse or a sexual act. North Carolina General Statutes Annotated §14-27.20.

“Mentally incapacitated” means a victim who due to any act is rendered substantially incapable of either appraising the nature of his or her conduct, or resisting the act of vaginal intercourse or a sexual act. North Carolina General Statutes Annotated §14-27.20.

Yes, it is a crime to engage in sexual activity with a physically helpless person when the person performing the act knows or should have reasonably known the other person was physically helpless. North Carolina General Statutes Annotated §14-27.22; §14-27.27; §14-27.33.

“Physically helpless” means:

• (i) a victim who is unconscious; or
• (ii) a victim who is physically unable to resist an act of vaginal intercourse or a sexual act or communicate unwillingness to submit to an act of vaginal intercourse or a sexual act. North Carolina General Statutes Annotated §14-27.20.

Yes, it is a crime to engage in sexual activity with a physically helpless person, which includes a person who is unconscious, when the person performing the act knows or should have reasonably known the other person was physically helpless. North Carolina General Statutes Annotated §14-27.22; §14-27.27; §14-27.33.

Yes, it is a crime to engage in sexual activity with a mentally incapacitated person when the person performing the act knows or should have reasonably known the other person was mentally incapacitated.  North Carolina General Statutes Annotated §14-27.22; §14-27.27; §14-27.33.

It is also a crime when a person who undertakes medical treatment of a patient engages in sexual contact or sexual penetration with the patient while the patient is incapacitated in the course of that medical treatment. In this section, “Incapacitated” is defined as a patient's incapability of appraising the nature of a medical treatment, either because the patient is unconscious or under the influence of an impairing substance, including, but not limited to, alcohol, anesthetics, controlled substances, or any other drug or psychoactive substance capable of impairing a person's physical or mental faculties. North Carolina General Statutes Annotated §14-27.33A.

Yes, a lawful marriage between a victim and defendant is a defense to certain sexual crimes regarding consent. North Carolina General Statutes Annotated § 14-27.32; 14-27-25; 14-27.30. However, a person may be prosecuted under this Article whether or not the victim is the person's legal spouse at the time of the commission of the alleged rape or sexual offense. § 14-27.34.

Consent is not a defense to sexual crimes committed by a defendant who:

• (1) has assumed the position of a parent in the home of a minor victim and engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, or if a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age and engages in vaginal intercourse or a sexual act with such victim;
• (2) is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel, and who is at least four years older than the victim and engages in vaginal intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before the victim ceases to be a student (except when defendant is married to the student); or
• (3) is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and is less than four years older than the victim and engages in vaginal intercourse or a sexual act with a victim who is a student. North Carolina General Statutes Annotated §14-27.31; § 14-27.32.

Yes, except there are certain defendants for which consent is not a defense:

• a substitute parent of a minor victim;
• a person having custody of a victim of any age;
• a person who is an agent or employee of any person or institution having custody of a victim of any age;
• a teacher, school administrator, student teacher, school safety officer, or coach at any time during or after the defendant and victim were present together in the same school, but before the victim ceased to be a student; and
• other school personnel at any time during or after the defendant and victim were present together in the same school, but before the victim ceased to be a student.  North Carolina General Statutes Annotated §14-27.31; § 14-27.32.

Consent is also not a defense for offenses involving minors as follows:

• § 14-27.23. Statutory rape of a child by an adult
• § 14-27.24. First-degree statutory rape
• § 14-27.25. Statutory rape of person who is 15 years of age or younger
• § 14-27.30. Statutory sexual offense with a person who is 15 years of age or younger

No.