Sexual assault is a horrible crime that can cause physical, emotional and financial damage long after the act itself. If you are the victim of a sexual assault, a personal injury attorney can help you understand your legal options, including civil lawsuits for damages and criminal charges that can help you begin rebuilding your life.

What is Sexual Assault?
Sexual assault is a general term used to describe all forms of unwanted physical contact in which consent is not given, including rape. Consent is commonly defined as “explicit approval to engage in sexual activity,” meaning agreement is given through clear words or actions. Any sexual conduct outside of this definition can be considered sexual assault.

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Because of the number of variables present in the definition of sexual assault, it can be difficult to determine what qualifies. Under North Carolina state law, rape is defined as the act of the penis penetrating the vagina: “vaginal intercourse by force, without consent, or with a victim whom the perpetrator knows is mentally disabled, mentally incapacitated or physically helpless.” Unwanted acts of penetration that do not fit this criteria are classified as sexual assault. This includes penetration without consent – both psychological coercion and physical force of the vagina, anus and mouth by an object, finger or penis.

Types of Sexual Assault
North Carolina’s sexual assault laws fall into four categories:

First Degree Rape: Vaginal intercourse by force, without consent and with the use of a weapon. This includes acts that inflict serious injury and/or are aided by others.

First Degree Sexual Offense: Sexual acts (not vaginal intercourse) by force, without consent and with the use of a weapon. This includes acts that inflict serious injury and/or are aided by others.

Second Degree Rape: Vaginal intercourse by force, without consent or with a victim who the perpetrator knows is mentally disabled, incapacitated or physically helpless. This includes most sexual acts involving the use of alcohol and/or drugs.

Second Degree Sexual Offense: Sexual acts (not vaginal intercourse) by force, without consent or with a victim who the perpetrator knows is mentally disabled, incapacitated or physically helpless. This includes most sexual acts involving the use of alcohol and/or drugs.

How an Attorney Can Help
The laws on sexual offenses are difficult to understand. An attorney can explain your legal rights, what laws and definitions apply to your specific situation, and the options available to you. An experienced lawyer can also prepare you for how you will be received, what defense should be taken and how the case is likely to play out if you press charges. Contact us today so we can help you find justice.

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